[kendi]

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...

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.

[retiredguy123]

Originally Posted by Whitley

Too late to establish a minimum time/rental length for existing owners. If a vote to change is held, and an existing owner votes no to setting a minimum length, they are not required to follow the change. If they vote yes, or sell the unit, then the minimum stay is in play. Does anyone else disagree with this?

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

[BrianL99]

Originally Posted by Vermilion Villager

I disagree.
What you're implying is that existing owners...who vote NO would be grandfathered in. You are also implying that "the villages" is an HOA. You are not alone in this assumption. Fact is the villages is simply a planned housing development with covenants just like a lot of other neighborhoods in America. It is governed by an elected governing board of a city or county. Here they call them CDD's. Any covenant enforced by a government body should be considered just like any other zoning ordinance. You cannot have a cow on your property in the villages because zoning ordinance to do not allow it. If there is a rental covenant that comes under the jurisdiction of the CDD it is just like any other zoning ordinance. I have not read the actual covenant on rental or commercial property. I assume it exists because people are talking about it. If the commissioners of the CDD will not enforce zoning then they held accountable at the ballot box. The power is in your hands.

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.

[margaretmattson]

Originally Posted by BrianL99

I suppose I should get used to it on this site, but it still amazes me, how many folks just keep posting "FACTS!" they make up in their head.

Here are the "FACTS!" direct from HUD, on how the "count" works. (I believe there has been some minor interpretation changes made through the years.)

https://www.hud.gov/sites/documents/DOC_7769.PDF

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.

[retiredguy123]

Originally Posted by BrianL99

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.

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

VCDD Incident Tracking

[OrangeBlossomBaby]

Originally Posted by retiredguy123

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.

[margaretmattson]

Originally Posted by retiredguy123

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

VCDD Incident Tracking

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.

[margaretmattson]

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.

[BrianL99]

Originally Posted by margaretmattson

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.

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.

[margaretmattson]

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.)

[mntlblok]

Originally Posted by GizmoWhiskers

Exactly. This is not a Developer problem on its face. It is a Community Standards problem once the neighborhood transfers over to T V. (However, grey area because deed restrictions are written using "developer" in the language. So as with most legal battles include everyone until they are eliminated. I digress).

Villas have different Deed Restrictions than the homes relative to businesses being run out of single family residences.

Damages... it all comes down to how a homeowner or homeowners are being damaged by Developer/Community Standards NOT enforcing deed restrictions.

Reporting, how many neighbors are reporting the abnb's being run out of homes? Ie: villas - short term rentals (6 months or less) without a business license as required by Florida law.

A business license means a business is being run out of a villa which by DEED businesses are NOT allowed in Villas.

Simple google of "villa deeds restrictions the villages fl" click on county then villa neighborhood.

VCDD Deed Compliance - Sumter County

Ie Rhett Villas: USE RESTRICTION Section 2: "No business of ANY KIND shall be conducted on any residence..."
Section 3 states no "noxious" (harmful or unpleasant) activities shall be carried on or in the homes - full circle to damages.

Silently the abuses continue.

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

[nn0wheremann]

Originally Posted by Normal

Here we are again, same problem same result. The developer needs to crack down on this.

https://www.**************.com/2023/...em-of-airbnbs/

People can’t be using their homes as a business with high customer volume. At the very least, sales disclosures should mention if this is a going problem in a neighborhood. Why should neighborhoods foot the pain for a greedy landlord’s abuses of The Villages system?

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.

[oldtimes]

Originally Posted by BrianL99

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.

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.

[Bill14564]

Originally Posted by mntlblok

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

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.

[Papa_lecki]

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).