[margaretmattson]

Originally Posted by Bill14564

All the words of the sentence are important. Commercial activities are not prohibited unless those activities require maintaining an inventory or customer/client visits

It is highly unlikely that the couch, chair, or dining room table will be considered to be inventory for the purposes of the deed restrictions. It is also unlikely that the renter would be considered a customer/client for those purposes either.

You can argue it if you would like but you will still be wrong. You want to use your interpretation to make it a violation to have a short term rental but it will also affect long term renters. A renter is a renter if he is there one night, one week, or one month. Since it is not a violation to have a renter for one month then it is clearly not a violation to have a renter. If a renter is not a violation then a renter that stays for only one week would not be a violation either.



Be careful taking anything you read on here as correct. Just because a post claims something is a violation or a famous person has passed doesn't make it so.

WHY would the developer selling to an investor be a violation of the deed restrictions? Just because another poster said so? Who is this other poster? What are his qualifications for making such a claim? What is he basing his claim on? Posters on this site make all kinds of claims. You should know this, you've been reading these forums for some time now.

I gave my opinion of the rental situation above. But why assume an investor purchased a home to rent it out? With the way homes in the Villages appreciate, particularly in the last few years, what's to say the investor didn't purchase the homes to hold for 18 months and then sell at a profit? There would be no question of commercial activity because there would be no activity at all. How would that be a violation of the deed restrictions?

No idea I am not a lawyer. Seems we need a definition of no professional or similar activity. Not certain how you started talking about furniture. Deed restrictions says no inventory or customer/clients. We also would need definition of customer/client.

[Bill14564]

Originally Posted by margaretmattson

No idea I am not a lawyer. Seems we need a definition of no professional or similar activity.

It appears you edited your post while I was looking up the wording in my deed restrictions. The wording in my restrictions matches that of post #9.

Again, all the words in the sentence are important. The entire phrase is "professional or similar activity requiring either maintaining an inventory, equipment or customer/client visits."

EDIT: It appears you edited yours again while I was writing the above. Not interested in playing whack-a-mole tonight.

[margaretmattson]

Originally Posted by Bill14564

It appears you edited your post while I was looking up the wording in my deed restrictions. The wording in my restrictions matches that of post #9.

Again, all the words in the sentence are important. The entire phrase is "professional or similar activity requiring either maintaining an inventory, equipment or customer/client visits."

Sorry, I mistakenly hit the submit button before I could review. What you posted is the correct wording.

It says No professional OR SIMILAR ACTIVITY requiring EITHER inventory, equipment, or CUSTOMER visits. The word either excludes what you have said about furniture and inventory. No need to prove inventory. Just the definition of professional activities OR SIMILAR ACTIVITIES and if renters can be considered CUSTOMERS/CLIENTS

[MrChip72]

I think it's fairly obvious that if you read the deed restrictions without any preconceived bias, that the purpose of that specific restriction is to prevent people selling regularly stocked inventory items out of their garage, or running a personal services businesses like a nail/hair salon out of their home.

[margaretmattson]

Originally Posted by MrChip72

I think it's fairly obvious that if you read the deed restrictions without any preconceived bias, that the purpose of that specific restriction is to prevent people selling regularly stocked inventory items out of their garage, or running a personal services businesses like a nail/hair salon out of their home.

Not necessarily so. I found a Florida law that requires all vacation rentals which are rented out more than three times a year must have a Florida license.

Also, I found information that a bill was voted on in the Florida Government in 2021 regarding HOA ability to ban vacation rentals. The bill was passed by a large margin. I just can't seem to find more information..

Anyone who is truly bothered by this please read Florida laws on Air BNBs and vacation rentals. I think together, we may find something. The developer, at the very least, would have to follow Florida Law.

[villagetinker]

Originally Posted by margaretmattson

Not necessarily so. I found a Florida law that requires all vacation rentals which are rented out more than three times a year must have a Florida license.

Also, I found information that a bill was voted on in the Florida Government in 2021 regarding HOA ability to ban vacation rentals. The bill was passed by a large margin. I just can't seem to find more information..

Contact your local FL state representative's office, I am sure they will be able to help.

[MrChip72]

Originally Posted by margaretmattson

Also, I found information that a bill was voted on in the Florida Government in 2021 regarding HOA ability to ban vacation rentals. The bill was passed by a large margin. I just can't seem to find more information..

1) The Villages is not an HOA
2) The developer clearly doesn't want to prevent people from renting out their homes or they wouldn't be selling 4-5 homes to single individuals
3) The CDD structure of The Villages limits what rules that the Florida Government can impose

Maybe convincing each of the counties to ban short term rentals (under 30 days) might be a better approach.

[margaretmattson]

Would it be wrong for me to ask an owner for his Florida license for the ability to rent his home? Then report him/her if they do not have one?

I read the rules for each county on vacation rentals. Sumter county has no regulations. Lake County you must have a license in addition to Florida license. Marion County you have to register your rental and pay yearly taxes. No city rules that I could find.

There is no doubt that renting a home is by DEFINITION A PROFESSIONAL BUSINESS. A license is required, Sales Tax must be collected and sent to the Department of Revenue, and a Florida Tangible Tax Return must be filed. 100% a business! However, Florida or no county has banned them including those that are rented out for only one, two, or several days. The law is written specifically to include short-term rentals.

Right now, It seems all we can do is report offenders who have no license to operate a rental property. If we report them, perhaps the offender will get shut down and fined. They will also get fined for not filing a Florida Tangible Tax Return. (yes, businesses get taxed in Florida)

There may be specific rules for posting your license on the premises. I didn't get that far.

If you still believe it is a violation of our deed restrictions, I believe we have a civil case. Florida clearly defines a rental property as a BUSINESS and taxes them accordingly. We do not need a lawyer to prove it. However, the judge may rule the deed restriction is not enforceable because it violates Florida Law. You can try! The people with the white cross law ornament lost even though stopping religious practice is against federal law.

Sorry guys, I am not a lawyer. But, I have owned businesses in Florida. Rental properties are UNDER LAW a business in Florida. If you are required to have a license, collect sales tax, and file a Tangible Tax Return, you have yourself a business.

[margaretmattson]

If anyone seriously wants to stop the AirBNB business I would suggest starting with the site VillagersHome4Rent. Ask them if they require each renter to have a license and if sales tax is collected.

You aren't necessarily looking to shut them down. You are merely gaining evidence that businesses have been conducted in many homes throughout the Villages for many years.

Then I would just make a call to a company like Morgan and Morgan and explain the situation. Deed Restriction is not being enforced and hasn't been for many years. Explain the site Villagers4Rent and how many homes are listed for rent. I believe, right now, it is over 1000. Morgan and Morgan will take your information and decide if they wish to handle the case. If they take the case, you are not required to pay anything unless they win.

If they say they are not interested, you still have a case. You go to the County Clerk office and fill out documents for a Civil Case. The courts handle it from there.

While filling out the documents, you may want to get a petition signed to show the court how many people believe they have been wronged. If there are court costs just collect say $1 from each person to cover that expense. Either way, lawyer or not, there will be no fees.

If you find Villagers4 Rent is not in complete compliance with Florida and County Laws report them. Let the state and counties handle fining them or whatever.

Not a lawyer, just my idea. I would do this myself but I am not fully committed. I believe the Villages would be a better community if there were no AirBNB's. But, I also like the idea of being able to rent my home if I ever needed. Also, I question whether or not this will affect home prices. If prices fall, we lose equity. Too big a gamble for me.

[BrianL99]

Originally Posted by MrChip72

1) at the Florida Government can impose

Maybe convincing each of the counties to ban short term rentals (under 30 days) might be a better approach.

Not possible. Florida law prohibits that, as mentioned in a number of prior posts.

Florida legislators' plans to regulate short-term rentals hits snag | Orlando Area News | Orlando | Orlando Weekly

[TillyBear]

Originally Posted by MrChip72

I think it's fairly obvious that if you read the deed restrictions without any preconceived bias, that the purpose of that specific restriction is to prevent people selling regularly stocked inventory items out of their garage, or running a personal services businesses like a nail/hair salon out of their home.

Yes i would agree with you .

[margaretmattson]

Originally Posted by BrianL99

Not possible. Florida law prohibits that, as mentioned in a number of prior posts.

Florida legislators' plans to regulate short-term rentals hits snag | Orlando Area News | Orlando | Orlando Weekly

I read the article, thanks! I was trying to explain how to set up a lawsuit for free. Maybe just not the right time. When Florida or the counties make a rule would be the right time.

The article does address that all rental properties have to be licensed and collect sales tax as well as tangible taxes, that is not contested. The law they are trying to create is to make certain the taxes actually hit the state coffers.

I would still tend to believe one could report any investor who does not have a license to the department of revenue. The investors are required to pay these taxes and to have a license. Not doing so is illegal. Reporting them would make it uncomfortable for them by adding a cost and fine to their expenses.

[margaretmattson]

Originally Posted by MrChip72

I think it's fairly obvious that if you read the deed restrictions without any preconceived bias, that the purpose of that specific restriction is to prevent people selling regularly stocked inventory items out of their garage, or running a personal services businesses like a nail/hair salon out of their home.

Not obvious at all. Florida law requires you need a license and to collect /pay sales tax. If you must collect sales tax from someone they are a customer/client. If you need a license to rent the home , you are a business.

But! The deed restriction, right now, is against Florida Law. Looks like lawmakers are trying to make lawsuits like this easier to do. If they succeed, we have a case. A judge is the only who can decide. And, we can get it to court for free.

[Marathon Man]

I think there is way too much emotion put into this. What a shame that so much of someone's life is dedicated to hating something that they see, and then perceiving a larger problem than it actually is. Perhaps some would be better off looking for a community that does not allow rentals, or under 55yo residents, or excessive flower changing. Just my opinion. But this I know, you only have control over yourself and your own actions.

[Normal]

Originally Posted by MrChip72

1) The Villages is not an HOA
2) The developer clearly doesn't want to prevent people from renting out their homes or they wouldn't be selling 4-5 homes to single individuals
3) The CDD structure of The Villages limits what rules that the Florida Government can impose

Maybe convincing each of the counties to ban short term rentals (under 30 days) might be a better approach.

Like it or not, each village falls under the guidelines of an HOA. Fees are collected for maintenance, rules are written to follow and nonresidents are restricted. Any judge or lawyer in a courtroom would laugh away a defense that said otherwise.

One could argue that a resident does have more skin in the game than a fly by night renter though, both monetarily and in physical upgrades to the neighborhood.