Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Airbnb in The Villages (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/airbnb-villages-340449/)

Michael 61 04-07-2023 01:36 PM

Airbnb in The Villages
 
I live across the street from an Airbnb - people coming and going every week - most are under the age of 55.

Are there any violations here?

retiredguy123 04-07-2023 01:39 PM

Maybe, for operating a business from a home. But good luck getting it enforced. Having tenants under 55 is not a violation.

Robbb 04-07-2023 01:47 PM

Imho, Richmond is rental central. I rented three times there this winter and virtually everyone I met was also a rental. It seems as though investors jumped on that Village and bought many of the homes to rent.

dewilson58 04-07-2023 02:56 PM

No violation.

tophcfa 04-07-2023 04:01 PM

Quote:

Originally Posted by Michael 61 (Post 2205138)

Are there any violations here?

It depends. If the owners of the home are not living there and renting through the AIRBnB platform then there is no violation, even if they are renting by the night. On the other hand, if the owners are living in the home and simultaneously renting out space in their home then two deed restrictions are being violated. First, the home is not being used as a single family residential unit. Second, the owner is running a business out of their home.

There are two kinds of deed restrictions, external and internal. External deed restrictions, like putting a little white cross in one’s front garden, are strictly enforced by community standards once reported. Internal deed restrictions, like running a business out of one’s home, are enforced by the developer once reported. Unfortunately, the developer has chosen to be both very lax and selective about enforcing these restrictions. In my opinion, it should not be the developers job to enforce internal deed restrictions as they have an inherent conflict of interest. Limiting AIRBnB rentals would arguably reduce demand for new homes as certain potential buyers would not have that option of generating income while living in their home. As we are all well aware, selling homes is the developers top priority.

By selectively enforcing some deed restrictions, looking the other way on others, all while very strictly enforcing lesser deed restriction violations that are minimally disruptive to a neighborhood, the whole deed restriction thing has become a sham.

Michael 61 04-07-2023 04:11 PM

Quote:

Originally Posted by Robbb (Post 2205141)
Imho, Richmond is rental central. I rented three times there this winter and virtually everyone I met was also a rental. It seems as though investors jumped on that Village and bought many of the homes to rent.

Yep - you are spot on - on the block I live on, I am the only owner-resident - very difficult to make friends with neighbors, with the majority of residents shoe-term renters or bnb folks on vacation. Luckily today I met a owner-resident on the street over, and she has taken the “Bull by the horns” and has started a club for the folks in our villas the own their homes (monthly socials).

I’ve been here four months now - absolutely love it - I am in so many clubs/activities right now and meeting great people - just not many of my neighbors in Richmond, which is kind of discouraging, but I’m making it work! Glad to be here, and I wake up very happy each morning, looking forward to the adventures of the day.

rustyp 04-07-2023 04:18 PM

Quote:

Originally Posted by Michael 61 (Post 2205138)
I live across the street from an Airbnb - people coming and going every week - most are under the age of 55.

Are there any violations here?

NO and when the PGA tournaments come here my house is an AIRBNB for that week LOL.

And if you honestly wanted an answer to this question (wink wink) you only need call this number -

Community Standards
Phone: 352-751-3912 • Fax: 352-751-6707

tophcfa 04-07-2023 04:33 PM

Quote:

Originally Posted by dewilson58 (Post 2205154)
No violation.

Quote:

Originally Posted by rustyp (Post 2205172)
NO and when the PGA tournaments come here my house is an AIRBNB for that week LOL.

Just like illegally crossing the boarder to get into the USA is not really illegal if those who are charged with enforcement choose to do nothing about it?

Bogie Shooter 04-07-2023 05:01 PM

Quote:

Originally Posted by rustyp (Post 2205172)
NO and when the PGA tournaments come here my house is an AIRBNB for that week LOL.

And if you honestly wanted an answer to this question (wink wink) you only need call this number -

Community Standards
Phone: 352-751-3912 • Fax: 352-751-6707

OP, tends to start threads with a question at the end…………..

oldtimes 04-07-2023 05:23 PM

The state considers anyone who rents for less than 6 months to be a transient rental accommodations provider and legally required to register with the Florida Department of Revenue for a sales tax certificate. To me needing to pay Sales and Use tax sounds like a business.

Secondly our deed restrictions state:
Section 1. The Subdivision is an adult community designed to provide housing for persons 55 years of age or older. All homes that are occupied must be occupied by at least one person who is at least fifty-five (55) years of age. Note it says occupied and not owned.

That sounds like 2 violations to me.

rustyp 04-07-2023 06:34 PM

Quote:

Originally Posted by oldtimes (Post 2205183)
The state considers anyone who rents for less than 6 months to be a transient rental accommodations provider and legally required to register with the Florida Department of Revenue for a sales tax certificate. To me needing to pay Sales and Use tax sounds like a business.

Secondly our deed restrictions state:
Section 1. The Subdivision is an adult community designed to provide housing for persons 55 years of age or older. All homes that are occupied must be occupied by at least one person who is at least fifty-five (55) years of age. Note it says occupied and not owned.

That sounds like 2 violations to me.

Again all one needs do is call

Community Standards
Phone: 352-751-3912 • Fax: 352-751-6707

The Villages issue temporary resident IDs to renters every day of the week. They know the criteria.

BrianL99 04-07-2023 06:35 PM

Quote:

Originally Posted by oldtimes (Post 2205183)
The state considers anyone who rents for less than 6 months to be a transient rental accommodations provider and legally required to register with the Florida Department of Revenue for a sales tax certificate. To me needing to pay Sales and Use tax sounds like a business.

Secondly our deed restrictions state:
Section 1. The Subdivision is an adult community designed to provide housing for persons 55 years of age or older. All homes that are occupied must be occupied by at least one person who is at least fifty-five (55) years of age. Note it says occupied and not owned.

That sounds like 2 violations to me.

I agree with you, 100%, although I'd have to check my Deed Restrictions for that language, I understand not all Villages have the same Deed Restrictions.

STR's seem to be a big issue in The Villages (as well as in many cities), why haven't folks gotten together and formed a coalition to do something about it?

If that general language is in most everyone's deed, then most everyone is a 3rd Party Beneficiary of the Restriction and would certainly have standing to file an action for enforcement, in court.

tophcfa 04-07-2023 07:02 PM

Quote:

Originally Posted by rustyp (Post 2205202)
Again all one needs do is call

Community Standards
Phone: 352-751-3912 • Fax: 352-751-6707

The Villages issue temporary resident IDs to renters every day of the week. They know the criteria.

I did, see post #5. For an AIRBnB deed restriction violation Community Standards will transfer you to a representative of the developer, who theoretically enforces internal deed restriction violations. They acknowledged that the two deed restriction violations stated in post #5 were in fact being violated. They noted my reporting the issue and proceeded to do absolutely nothing about it, claiming internal deed violations are very difficult to enforce! Why so difficult, all they had to do was go to the AIRBnB website and look at the listing for that address and they would have proof of said violations? They very obviously have made a conscious and calculated decision to look the other way regarding said deed restriction violations. This totally discredits the whole deed restriction system in the Villages, very sad : )

oldtimes 04-07-2023 07:43 PM

Quote:

Originally Posted by rustyp (Post 2205202)
Again all one needs do is call

Community Standards
Phone: 352-751-3912 • Fax: 352-751-6707

The Villages issue temporary resident IDs to renters every day of the week. They know the criteria.

I did

Bill14564 04-07-2023 07:50 PM

Read your deed restrictions. They most likely say that business are not allowed that store inventory or have clients visit. Some would certainly argue that a renter is a client - the authorities would likely dismiss that argument.

The State of Florida has a statute (509.032 perhaps) that limits what localities can do to limit short term rentals. It may not be possible for the Villages to do anything about short term rentals.

As far as two families in the same house, are you telling me I cannot have my friends from MD or NY come to stay with me?

What you see as "selective enforcement" may be the VCCDD and the numbered CDDs taking different approaches to enforcement. Perhaps the VCCDD has chosen to be more lenient and overlook certain violations while the numbered CDDs have chosen to be more strict. Not selective enforcement but enforcement handled by different entities with different decision processes.


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