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Originally Posted by Bill14564
Not "type of unit" but unit number - essentially the neighborhood. The restrictions aren't for CDD 10 and there aren't separate restrictions for patio villas and courtyard villas and designer homes and premium homes. The restrictions are for neighborhoods or areas that were developed together. While I haven't checked, I suspect that there is a separate deed restriction document for each are with a separate bond assessment schedule.
The very specific language in my deed restrictions concerning not running business from a home specifies that you cannot run a business that requires maintaining inventory or customer visits. As I have argued in many past threads, providing a bed and a table is not "maintaining inventory" and the occupant of the home is not a visiting customer. (perhaps I am wrong but it will take a successful court case to show that)
As for "single family," be very careful what you are pushing there. I have had several overnight guests who are not part of my family. I haven't looked into what the law says about the difference between an overnight guest, a longer-term guest, and a second family occupying the home. Be careful you don't argue for a restriction that prohibits you from hosting your friends from back home or a non-married significant other.
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It doesn’t matter what I argue if the violated restrictions are not enforced. And I didn’t argue the point, I had a conversation with the party charged with enforcing the restrictions (at least in my district) and he voluntarily acknowledged a paying tenant is entirely different than a non paying house guest (unrelated friend) coming to visit. Their opinion is that a paying tenant, in an owner occupied home, constitutes running a business out of one’s home (the tenant is a customer, not a guest), and it also violates single family usage. He didn’t specifically acknowledge their refusal to enforce the restrictions, he simply stated that enforcement of internal deed restrictions is difficult. However, their lack of action on following up on a formal complaint (to which they acknowledged two violations) is ample evidence of their refusal to enforce the violated restrictions. Further evidence is the changed wording in the newer district’s deed restriction language, which completely eliminates their requirement to enforce such violations and throws the burden back at homeowners.