[QUOTE=BrianL99;2355977]INCORRECT. The 80/20 Rule and the prohibition against "children under 19" are unrelated. The "children under 19" is a Deed Restriction/Covenant that prohibits that occupancy. It cannot be enforced by government, only by a beneficiary of the covenant.
That is incorrect. Neither HUD nor the State of Florida have a horse in the race when enforcement of the "no under 19 year old" provisions are involved. It is up to a beneficiary of the restriction/covenant to bring an enforcement action.
Actually it is correct. We are saying the same thing. The Federal Government nor the State of Florida has any law that speaks to the other 20% occupancy. If stated in the Deed Reservations and Restrictions, it is up to the Declarant or Declarant Designee to bring action upon the violation. Yes, a beneficiary or group of such may also bring action, however that beneficiary status must be established beforehand. All that I’m saying is that it is a long and drawn out expensive proposition. That’s why Dan Newlan and Morgan & Morgan chase ambulances. You also have to argue the relevant and practical aspect of the Reservation & Restrictions. For example, in most of the early CDD’s the R&R’s state that a homeowner must notify the Developer if they are leaving their house for more than 7 days and then tell them the date they will be returning. How many people do this now? Does the Declarant or Declarant Designee take action in such instances? Most of those same R&R’s say a homeowner can have only 1 dog. I don’t know how many times I see people walking more than 1 dog. Again, does the Declarant or Declarant Designee take action on that issue? Enforcing R&R’s is a difficult endeavor at best. I wouldn’t take the case, but then again, I’m retired so it’s a moot point.
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