[retiredguy123]

Originally Posted by margaretmattson

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.

I would just point out that the IRS doesn't consider rental property as a business, it is an investment. You report business income on Schedule C, but you report rental income on Schedule E. Two different types of income.

[Normal]

Originally Posted by retiredguy123

I would just point out that the IRS doesn't consider rental property as a business, it is an investment. You report business income on Schedule C, but you report rental income on Schedule E. Two different types of income.

Interesting, but not accurate in the legal world for a defense. Ask yourself:

Was a contract written and signed?
Why does the Airbnb site call your renters “customers”?

Money or services were exchanged, but the income just falls under another taxable bracket?

[Bill14564]

Originally Posted by Normal

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.

One could argue all they want but the Villages does NOT have an HOA. The Villages works under a CDD which is defined by Florida law. I have not looked but I suspect an HOA is defined by Florida law as well. The two are not the same and the Villages is a CDD.

Even for those who couldn't care less about airbnbs, the fact that the Villages is not an HOA is important. HOAs have certain rights and responsibilities while CDDs have other rights and responsibilities. The differences are important in how they can affect what you are allowed to do as a homeowner.

[NoMo50]

Originally Posted by MsPCGenius

A passing thought....

Will investors be able to purchase in Middleton (family section), rent the home -- presumably long term -- to a family who can then send their children to The Villages Charter schools?

Wonder if deed restrictions will be placed on those homes...

Merely residing in a home in Middleton does not qualify for sending your kids to the charter schools.

[JGibson]

TV has become to big to be a true retirement community. It's more becoming a resort and time share.

Even if they made a half hearted effort to implement some STR rules it would be almost impossible to track folks coming and going from month to month.

Mark my words TV is going to be a zoo this winter.

It's time to look for alternatives that truly are gated communities that have common sense STR rules that are enforceable.

[BrianL99]

Originally Posted by Normal

Interesting, but not accurate in the legal world for a defense. Ask yourself:

Was a contract written and signed?
Why does the Airbnb site call your renters “customers”?

Money or services were exchanged, but the income just falls under another taxable bracket?

Just for the heck of it, if you live near a home in TV that's used as a Short Term Rental, why not check to find out if it's Licensed by the State of Florida, as required?

Here's the LINK to check: Licensing Portal - License Search

Here's a Screen Shot of the form you complete online.

[dhdallas]

Have any of these snobby selfish people even had an incident with someone at a short term rental? I think not! There are several very close to me (one is next door) and the renters are never a problem and always nice and friendly. The owners pay the amenity fees year round so no one is getting to use your precious facilities for free. It is always the permanent residents who are the troublemakers. Day after day, Villagers are in the news for assault, drunk driving and recently manslaughter. I see that another sex offender just registered an address here. And you are worried about some short term rentals causing problems...ridiculous!

[margaretmattson]

Originally Posted by retiredguy123

I would just point out that the IRS doesn't consider rental property as a business, it is an investment. You report business income on Schedule C, but you report rental income on Schedule E. Two different types of income.

Schedule E is not labeled as investment. It is labeled as Rental Income. Again, when the time is right, it is for a judge to decide. If rentals were not a business, Florida lawmakers would not being working on a bill to correct the problem. In Florida, a vacation rental is 100% a business. Read the Florida Law.

The rentals ARE violating our deed restrictions. The problem is the clause as written may or may not be enforceable. The clause goes against Florida Law. This is the issue a judge would decide. Is the clause in the deed restriction legal?

CDD, HOA, doesn't matter. Everyone agreed they would follow the deed restrictions when they bought a home. Again, up for a judge to decide. The deed restriction makes it clear that you sue those not in compliance. A person(s) could do this for free. There is no shame in making certain all property owners adhere to the deed restrictions.

[Bill14564]

Originally Posted by margaretmattson

Schedule E is not labeled as investment. It is labeled as Rental Income. Again, when the time is right, it is for a judge to decide. If rentals were not a business, Florida lawmakers would not being working on a bill to correct the problem. In Florida, a vacation rental is 100% a business. Read the Florida Law.

The rentals ARE violating our deed restrictions. The problem is the clause as written may or may not be enforceable. The clause goes against Florida Law. This is the issue a judge would decide. Is the clause in the deed restriction legal?

CDD, HOA, doesn't matter. Everyone agreed they would follow the deed restrictions when they bought a home. Again, up for a judge to decide. The deed restriction makes it clear that you sue those not in compliance. A person(s) could do this for free. There is no shame in making certain all property owners adhere to the deed restrictions.

That is your opinion... it is not shared by all. Provide some facts or some arguments why you believe that. Others have provided their arguments against your opinion in this and several other threads. Relying on proof by emphatic assertion is ridiculous.

[margaretmattson]

Originally Posted by Bill14564

That is your opinion... it is not shared. Provide some facts or some arguments why you believe that. Others have provided their arguments against your opinion in this and several other threads. Relying on proof by emphatic assertion is ridiculous.

Already supplied the facts. Not ridiculous! Read the Florida Law yourself. Again, why would lawmakers at this time be working on a bill to correct the problem? Place your personal feelings aside. It is what it is.

[asianthree]

Originally Posted by JGibson

TV has become to big to be a true retirement community. It's more becoming a resort and time share.

Even if they made a half hearted effort to implement some STR rules it would be almost impossible to track folks coming and going from month to month.

Mark my words TV is going to be a zoo this winter.

It's time to look for alternatives that truly are gated communities that have common sense STR rules that are enforceable.

Since you have recently joint in 2022, you may have a short track record for TV.

We Have been here since 2007, “Mark my words TV and all of Florida is and always has been a Zoo in the winter”.

This winter will not be any different than winters in the past in TV. We find the father north you go and the far south is much quieter, than the middle.

[Bill14564]

Originally Posted by margaretmattson

Already supplied the facts. Not ridiculous! Read the Florida Law yourself. Again, why would lawmakers at this time be working on a bill to correct the problem? Place your personal feelings aside. It is what it is.

Which Florida law? The one that prohibits local governments from passing laws or the one that allows HOAs to restrict rentals? The former might apply if a local government was involved but it is not. The latter might apply if an HOA was involved but it is not. And neither applies unless rentals are being restricted which they are not.

What bill are the lawmakers working on at this time? Florida legislators are not in session at this time so they aren't working on a bill. If County or City legislators are not likely working on a bill since that would be restricted by the Florida statute.

I have no personal feelings on this other than a strong dislike of people claiming "it's a law" when it isn't and a distaste for the use of proof by emphatic assertion.

[margaretmattson]

Originally Posted by Bill14564

Which Florida law? The one that prohibits local governments from passing laws or the one that allows HOAs to restrict rentals? The former might apply if a local government was involved but it is not. The latter might apply if an HOA was involved but it is not. And neither applies unless rentals are being restricted which they are not.

What bill are the lawmakers working on at this time? Florida legislators are not in session at this time so they aren't working on a bill. If County or City legislators are not likely working on a bill since that would be restricted by the Florida statute.

I have no personal feelings on this other than a strong dislike of people claiming "it's a law" when it isn't and a distaste for the use of proof by emphatic assertion.

Not going to criticize you for having an opinion. But, it is for a judge to decide. Florida lawmakers are already in the process of stopping AIRbnbs. That is a fact. Nothing anyone's opinion is going to change.

[Bill14564]

Originally Posted by margaretmattson

Not going to criticize you for having an opinion. But, it is for a judge to decide. Florida lawmakers are already in the process of stopping AIRbnbs. That is a fact. Nothing anyone's opinion is going to change.

Florida lawmakers are the ones who passed the law preventing local governments from stopping airbnbs. The latest law they passed (I believe in the recent session) has been criticized by local governments and concerned citizens as not doing much to help them solve their short term rental problem.

Florida lawmakers are not in session now so they are doing precious little of anything.

If it is indeed a fact then please provide a link or two to support your assertion.

[margaretmattson]

Originally Posted by Bill14564

Florida lawmakers are the ones who passed the law preventing local governments from stopping airbnbs. The latest law they passed (I believe in the recent session) has been criticized by local governments and concerned citizens as not doing much to help them solve their short term rental problem.

Florida lawmakers are not in session now so they are doing precious little of anything.

If it is indeed a fact then please provide a link or two to support your assertion.

A link has already been provided on this thread.