Are we barking up the wrong tree?
Interesting take from the VN opinion page from an owner who appears to know what they are talking about.
I keep reading about the short-term rentals and complaints directed at the Developer and his lack of action. I would agree that this may be a deed restriction issue but more importantly is a legal issue in the State of Florida.
A simple search resulted in the following:
If you are starting an Airbnb business in Florida, you will need a license. The DBPR vacation rental license application is the first step. You have two options for applying: online or in person with a printed application. The DBPR advises using an online application.
Overall, all vacation rentals in Florida must be licensed unless the host remains on site throughout the entire stay. Florida has favorable regulations, but hosts must meet certain requirements. Awning is a nationwide property management company offering end-to-end services for Airbnb investors.
Residential Use Restrictions: Property must be devoted only to single-family residential use. Properties within the Subdivision are intended for residential use and no commercial, professional or similar activity requiring either maintaining an inventory, equipment or customer/client visit may be conducted in a Home or on a Homesite.
Conclusions:
It appears from the above that in the State of Florida, Airbnb is a regulated business under DBPR requiring a license. The complainants should be contacting the Department of Professional Regulations and not the Developer.
In addition, this is in direct violation of the Residential Use Restriction as stated in the Deed Restrictions in The Villages and his a Villages Issue. However, it also brings into question the legality of ownership and operation of rental property in general.
Andre A Langlais
Village of Summerhill
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