Quote:
Originally Posted by tophcfa
Have read the restrictions multiple times for our district, and never stopped in the middle of the sentence. It’s clear as the day is long, short term rentals, in a home where the homeowner are concurrently living and renting out a room, is clearly against two deed restrictions. I even talked with a representative of the developer, who recluctantly acknowledged that fact. Unfortunately, it is an internal deed restriction, and the enforcement of the restrictions are at the discretion of the developer. The excuses for reasons to not enforce the restrictions were clearly coming from a prepared damage control punch list. At the end of the day, the whole situation completely discredits the whole deed restriction concept. Selectively enforcement, based on the enforcing parties clear and obvious financial interests, is an absolute joke.
|
You may have pointed to your particular deed restrictions in the past but I don't recall the specifics. My restrictions prohibit businesses that maintain inventory or require customer visits, neither of which apply to short term rentals. (I'm sure I've written this before)
As to the concurrently living and renting... I suspect your reading of the restrictions would prohibit me from having my non-family friends from MD visit and stay at my home. That is an unacceptable reading of the restrictions.
Perhaps yours is different but if I remember correctly, every version of deed restrictions I have read includes the words, "All Owners shall have the right and duty to prosecute in proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, conditions or reservations, either to prevent him or them from so doing, or to recover damages or any property charges for such violation." It seems beyond time for you to perform your duty per the deed restrictions you agreed to and prosecute those who you believe are violating the restrictions. Otherwise, who is it that is ignoring the restrictions and exercising selective enforcement?