Quote:
Originally Posted by Bill14564
Reading comprehension. Read what the words mean, not what you would like them to mean.
What business is being run out of the home, what are those present in the home doing that constitutes business activity? As I have written before, they are eating, sleeping, cooking, and cleaning just as you and I do in our homes. They are not conducting business in the home, they are living their lives, just as you and I do. No business activity, no restriction violation.
Looking at it another way, there is at least one set of restrictions that were modified around rentals. In these restrictions, wording that specifically prohibited renting was removed leaving only the business language. It is possible that the developer went through the effort and cost to change the language simply to remove a redundancy. It is much more likely that he intended to remove the restriction against rentals and understood that the business language could be left because it did not interfere with renting.
But in the end, it takes only one court decision to put this to bed. Homeowners have the right and the duty to prosecute in a court of law to bring about deed compliance. Take you STR-running neighbor to court. When you get a judgment against him based on the deed restrictions then you will have proven that your reading of the restrictions was correct.
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The renters are involved in a business transaction. The owner of the rental is conducting a business. If money is exchanged for goods or services it is a business.
If renters live in another state and choose to spend money to rent a home in Florida, that would be classified as interstate commerce. The state has authority to make laws regarding. If the state did not have the authority, they would not waste their time enacting laws regarding STRS and AIRBNB. It does not matter if the state is lenient or tough on these rental homes. The state gets involved because a business is being conducted. A business that, at times, crosses the state's borders. I am still in the camp that we will see stricter laws regarding STRS and AIRBNBS from a government level (city, local, or state) This is not merely a zoning issue.
It would be silly to argue deed restrictions in court. Even if you win, the wording of the deed restrictions can be changed in a fashion that adheres to the laws. For example: If you win based on the fact that an STR is a business.The Deed restriction clearly prohibits business in a home. All the Developer has to do is list businesses that are permitted in an updated deed restriction. Laws regarding STRS and AIRBNBS need to come from the government level. Exactly as they did in NYC.
If and when laws are enacted, I am certain those of you who keep stating it can never be done, will post. "It was obvious laws would be enacted, how did you not see this coming?" I will have a good chuckle.