Quote:
Originally Posted by BrianL99
I don't know what you mean that you "looking into it exhaustively", but I disagree.
All owners are 3rd party beneficiaries of the Deed Restrictions. The Developer has the right, but not the obligation to enforce the Restrictions. Any 3rd party beneficiary should have the right to bring suit to enforce them (or at least in some circumstances, as the Deed Restrictions vary throughout TV).
If I'm not mistaken there's a fairly new FL law that prohibits counties/towns from adopting regulations that prohibit STR's, but I doubt that has any bearing on TV, as the owner's of the units, had prior knowledge that "Business Use" is prohibited in TV. Under Florida Law, short term rentals a defined as a "Business".
Personally, I'd love to see a few 100 TV residents get together and file a lawsuit.
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Exactly. This is not a Developer problem on its face. It is a Community Standards problem once the neighborhood transfers over to T V. (However, grey area because deed restrictions are written using "developer" in the language. So as with most legal battles include everyone until they are eliminated. I digress).
Villas have different Deed Restrictions than the homes relative to businesses being run out of single family residences.
Damages... it all comes down to how a homeowner or homeowners are being damaged by Developer/Community Standards NOT enforcing deed restrictions.
Reporting, how many neighbors are reporting the abnb's being run out of homes? Ie: villas - short term rentals (6 months or less) without a business license as required by Florida law.
A business license means a business is being run out of a villa which by DEED businesses are NOT allowed in Villas.
Simple google of "villa deeds restrictions the villages fl" click on county then villa neighborhood.
VCDD Deed Compliance - Sumter County
Ie Rhett Villas: USE RESTRICTION Section 2: "No business of ANY KIND shall be conducted on any residence..."
Section 3 states no "noxious" (harmful or unpleasant) activities shall be carried on or in the homes - full circle to damages.
Silently the abuses continue.