Anyone can buy in Middleton. But only those who contract with or work in TV can send their kids there. So the answer is only if the family renting works in TV.

Note that the deed restrictions are continually being revised using the district adopted rules method. Some of these deed restrictions were revised as late as June 2023. So, when you buy a house, the deed restrictions are not cast-in-stone. See the website cited below.

VCDD Community Standards

I disagree with your take on the subject, as I think you're misunderstanding the source of the Deed Restrictions and not aware that "zoning" and "deed restrictions" are two separate and distinct regulatory schemes.

Zoning is LOCAL (city, town or county) Regulations, empowered (or endowed) by the State and limited by the state. The local towns that make up The Villages, previously had the power to ban STR's, but didn't. Now they can't.

CDD's have no Zoning power whatsoever.

Deed Restrictions can be just about anything a Seller wants them to be, provided they're not discriminatory towards a protected class. A CDD isn't involved in Deed Restriction enforcement, unless they're a party (declarant or beneficiary) to the restriction or covenant.

I could be missing something and I haven't read all the various Covenants & Restrictions (most every neighborhood's, vary), but I think the only parties who can enforce restrictions, are the Developer or a beneficiary.

I read the HUD information. It states that a community is defined by how it is advertised. The developer advertises it as a 55+ community. Don't get your point on posting the information. But, thanks though.

If CDDs are not involved in deed restriction enforcement, what is the purpose for this form?

VCDD Incident Tracking

There are internal deed restrictions and external deed restrictions.

Internal deed restrictions: how many people can reside in the dwelling. What the roof may (or may not) be made of. Whether or not a wall can be knocked out to expand a room, or a non-compliant bedroom can be added by splitting the living room with a wall. Who gets to have guest passes, and who can have a residents' pass. How old the residents must be, or must not be, or have permission to be.

External deed restrictions: whether or not and when you may or may not put up a fence, signs, or lawn ornaments, or paint your house purple, dig up your driveway, expand your front porch toward the street, the length of your grass, the existence of weeds, etc.

Community Standards, through the VCDD, handle external deed restrictions.

The Developer is in charge of internal deed restrictions. The Developer has taken an intentional back seat on enforcement of internal deed restrictions. They simply don't enforce them at all. But they are the only ones authorized to do so.

Any homeowner can enforce our deed restrictions by filling out a complaint. Haven't you heard of the trolls in some neighborhoods? If you feel wronged, you can even file a lawsuit.

Beware of people posting lengthy legal jargon on this forum with an attempt to make themselves sound important. This is America! Everyone has a right to fair legal representation. Do your own research and make your own interpretations. File a complaint, if you want. Start a civil lawsuit, if you feel a need. Get an attorney. We all have the same rights to do so. If you feel helpless and leave all decisions/enforcement to the developer, you are a willing victim. And, nothing is going to change.

Just found an interesting tidbit. In Florida, deed restrictions expire in 30 years and are no longer enforceable. Not certain how old they are in the older sections here, or if this helps anyone.

It was in response to some incomplete and incorrect information someone else posted, about how communities are required to maintain the 80/20 ratio and how those numbers are to be counted.

& considering that all 55+ communities are regulated under the Housing for Older Person Act of 1995, I figured the actual Regulations as administered by HUD, might be more relevant than some of the nonsense I've seen posted here.

Does anyone know where I can find the current count of homes owned in the villages. (Not including those under construction.) And how many of the homes are occupied by someone over 55+? I have been advised the current counts must be made available to anyone who asks. By current, I mean the actual count made within the past 30 days.

Do any of you have vacant homes in your neighborhood? No personal property like furniture inside of it and are not currently listed for sale? (Most likely these would be an empty investor home.)

le
 

Curious about the use of "le" here. Google has not been my friend. :-)

County tax records will give you the owner/landlord’s identifying information. You and your neighbors can file lawsuits. If the short term rental business brings on too much legal expenses the landlord will get out of that business.

I contacted HUD and was told the the developer had not received any money or tax breaks from them so it was not their issue.

I believe he meant to use e.g.

His position seems to be that the deed restrictions for Villas state "No business of any kind." He provides a link to all the deed restrictions for the Sumter County portion of the Villages to allow you to see for yourself.

What about the people who actually operate a business out of their villages home -
i.e. keep inventory or do the accounting/bookkeeping, or have customers come?

The golf cart screen guy; the embroidery people at the market days, the people who put the signs on the lamp posts, home watch, cleaning people, landscapers, handy man???

Even running a Villages Club out of your home is illegal then - it’s not for profit, but it’s a business transaction. When someone runs by your house to drop off a check for a club activity, that’s a customer.

(I dont care about these, but if we are going to follow the letter of the covenants, let’s go all in).

That's sort of true.

IF the developer got any sort of HUD financing (which he didn't), there would be on-going auditing, that he was in compliance with the program under which he received financing or assistance.

In the case of Senior Housing in general, it's another can of worms.

Prior to 1988, it ws illegal to discriminate by age. In other words, as a result of the Fair Housing Act of 1968, "Senior Housing" was illegal. Under an amendment to the act in 1988, "Senior Housing" became legalized discrimination. In order to take advantage of the new ability to discriminate, the developer had to include "facilities & services" specifically to meet the physical and social needs of all residents. This is why TV model was based on providing amenities. It wasn't an accident, it was required by law.

Then came 1995 and the Housing for Older Persons Act. This act eliminated the requirement to include amenities and service. IF you meet the requirements of the act, primarily the 80/20 standard, you were allowed to discriminate (prohibit anyone from buying if they were under 55). If I remember correctly, there was also a requirement that the development had a land area in excess of 5 Acres.

So ....

While the regulations that allow the discrimination are under HUD jurisdiction, I don't think HUD has a mechanism to enforce, other than perhaps a law suit that TV (or any other such development) is illegally discriminating against people under 55.

Obviously it's a complicated issue, but many people forget the genesis of the laws. It is generally illegal in the USA, to discriminate because of one's age. The Senior housing laws were about given an exception to the anti-discrimination concept, in favor of Seniors (a huge voting block).

Florida also has a Senior Housing regulations, but I suspect they're of a similar nature and I doubt there's any real mechanism to enforce them. (I've never developed Sr. Housing in FL, so I've never dealt with their specific regs.)

As an overview, consider that TV advertises and presents itself as a 55+ community and as a result, the majority of buyers are over 55. From the outside looking in, it appears that TV is making a good faith effort to maintain 80/20 standard.

Sorry for the long winded explanation, but it's a complicated subject and many don't understand how it all happened.

This is not a developer issue. If it is a problem in your neighborhood then you should contact your CDD board or a CDD Supervisor!

I have. I contacted community standards, the CDD board, HUD all of our representatives. No one would help. They all said it was the developer's issue.

See the ENFORCEMENT section of your deed restrictions (mine is section 5). This section in my restrictions clearly puts the responsibility on "All Owners" to "prosecute in proceedings at law" to enforce the restrictions. The Developer also has "the right but not the duty to enforce" the restrictions.

Deed restrictions vary from unit to unit so yours might be different.

I am seeking legal advice on this issue,. Do any of you know where I can find the current number of homes owned in the villages and the current number of those occupied by someone 55+? By current, I mean within the last 30 days? Need this information to continue.

??????? Nothing here makes sense. The topics you discuss are not related to each other. They are each separate issues. So, why tie them together? But, thanks for the copied/pasted history lesson!

I certainly wish you luck as I think the law favors the developer. To me the biggest issue here as that people (like myself) move here thinking they are moving into an "over 55 retirement community" when in actuality it is open to anyone who has the money.

What part of that do you believe was copied/pasted? It looks like original writing to me.

All of it makes sense. The purpose of HOPA is not to provide a guarantee that your neighbor is over 55. The purpose of HOPA is to provide an exemption from age discrimination laws for 55+ communities (i.e. the Villages can discriminate against families with children under 19). The 55+ community has to do certain things to qualify for that exemption and the 80/20 rule is one of those things.

. This is exactly the issue I am working on. Florida law stipulates 4 criteria a 55+ community is required to follow. One covers what you have stated.

Discrimination is one issue. 80/20 rule is a seperate issue. Let's just agree to disagree.

It's not a separate issue. If you don't qualify as an over-55 community, it is a violation of Federal law to discriminate against families with children in housing. But, if you meet the requirements for an over-55 community by complying with the 80/20 rule (and other rules), you are exempt from the discrimination law.

I called a real estate attorney who is willing to work on this provided I supply him with needed information. Florida law states there are 4 criteria a 55+ community must adhere to. Why keep arguing/griping instead of finding/seeking solutions? Opinions are a dime a dozen.

Because it is not an opinion, it is a fact. The HUD FAQ says as much as well as the documentation directly from the HUD rulemaking. Google will provide multiple links explaining that the 80/20 rule is part of qualifying for the discrimination exemption.

HUD has only three requirements for 55+ communities. Can you provide a link to the Florida law that adds a fourth?

If the attorney is working for free, great. But please get advice from someone you trust before spending money.

Thanks again for your opinion. I'd rather get it from a professional who knows and not from onliners who keep spouting information they look up and then agonily analyze it in detail like they are an expert.

It's your money.

Exactly! I got it covered so don't you worry about that!

We are all investors with the ability to rent our properties. Just read the deed restrictions. How are you and your property personally being affected? If so hire an attorney and try to sue ( with actual evidence) the property owner.
Otherwise you are wasting your time.

How would you like it if an entire road in your neighborhood (the road you live on) was all rentals? Every day you could enjoy the renters coming and going. Sound like fun?

You don't sue each investor, that would be preposterous. And, no, the deed restrictions do not give you an open option to rent your home. That is only wishful thinking on your part.
Post the lines in the deed restrictions for all to see, if you disagree.

It is never a waste of time to seek legal advice. It is a waste of time to gripe and do nothing about it.

Then The Villages should not be advertised as an age restricted over 55 retirement community because the developer is not making a good faith effort to provide housing for elderly persons. They are throwing up houses as quickly as possible and selling them to anyone who has the money. The deed restrictions are just a joke, why have them at all?

What evidence do you have that the age restrictions are not being followed? I am aware of zero homes that do not have an occupant over 55. Do you have demographic information for the recent buyers that you can share with us or are you just making it up as you go?

///

Exactly! These are the issues I consulted a real estate attorney about. Good to see someone who sees and understands the issue instead of trying to mask it.

You are something else! You asked I provide you the information I am collecting. I don't have to provide you ANYTHING! You are not my attorney.

I’m calling it as I see it. I think potential buyers should be aware that their neighbors could in fact be teenagers just renting for the night and not fellow retirees as they would expect.

Thank you for seeing the issue. I am in the preliminary phase of working with a real estate attorney who is willing to review these points. Some people on this thread will keep telling you there is nothing that can be done. Some, most likely are investors who want to twist and turn the facts so you believe there is nothing any one can do. Others want to shame you into doing nothing.

Trust your own gut instinct! If it smells fishy, it probably is!