[QUOTE=jmaccallum;2355998]
Quote:
Originally Posted by BrianL99
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. at best.
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When 170,000 people have knowingly bought homes in a community that prohibits children and have acknowledged the restriction at closing, I don't think "standing" is a difficult obstacle.
Not allowing children in an age restricted community, is a far cry from requiring notification of an owner's absence. Minimizing or eliminating "children/students" from the population of age restricted housing, was one of the founding principals and motivation for the original legislation.
I'm not all that familiar with Florida CDD regulations, but it seems to me, that the towns of Lady Lake, Wildwood and the others, would also be 3rd party beneficiaries of restrictions that may effect them? At the very least, it would be a situation where a real estate development was approved under a given set of circumstances, which are no longer in place.