[Triker]

Originally Posted by skippy05

Developer ready to hand off enforcement of rules against children and businesses. CDDs will need more money for legal fees to accomplish.....per The Village News.

You actually believe what’s in the village_ news?

[Shipping up to Boston]

Originally Posted by Bill14564

Hosting my friends from MD for a time does not constitute something other than single family residence. Hosting anyone does not change the nature of the residence. When the address is used on a piece of govt issued identification THEN it might become a problem.

I know this was discussed at length on a different thread. So my question is if using a residence for AirBnb, which is supposed to be taxed (regardless of AirBnb’ hollow claims of innocent 3rd party).....doesn’t that constitute a business? Is this a way for TV to have a mechanism to work in concert with the Bill recently passed at the state level re; STR?

New to all of this so appreciate any education

[tophcfa]

Originally Posted by OrangeBlossomBaby

There are some homeowners who have live-in aides. They're not family, they're contractors/employees. You'd need to offer exceptions. And that means you'd have to be up in someone's health business, which is against HIPAA law.

Also how would you know that someone is renting a room to someone, and isn't in a non-marriage relationship with them? Best friends who aren't life partners, or the lady down the street who lost her husband and downsized and sold her house, and is now renting a room at a neighbor's house...

Also what of friends who share a property, but aren't related, and share expenses and sleep in their own bedrooms.

The only thing you could really enforce, is if you catch the property being offered for rent on a website, or newspaper, or a sign on the window.

Well, let’s address those situations. A live in caretaker is not a tenant paying rent. The homeowner is paying them for an essential service, totally different situation.

A non marriage relationship sharing a home is very different than a revolving door short term rental situation to complete strangers. It’s a long term living situation that should not disrupt the neighborhood.

Unrelated friends sharing a property is again not a revolving door short term rental situation. And as you described the situation, they could both be deeded owners of said property.

Another poster questioned having unrelated guests, again not a revolving door short term rental situation. Any reasonable person wouldn’t consider occasional non rent paying house guests as not being in harmony with single family residential use. I have had several guests, both family and friends, visit our home for a few days, all rent free. I take great care to insure their activities don’t disrupt my neighbors.

The issue here is not allowing revolving door short term rentals that create a situation that is not in harmony with a 55+ single family residential retirement community. Anyone advertising with the likes of AirBnB as offering one or more rooms for rent, while concurrently living in their home, is the situation that needs to be addressed. Those are the situations that will generate complaints that trigger the deed compliance system, not those you described.

[Bill14564]

Originally Posted by Shipping up to Boston

I know this was discussed at length on a different thread. So my question is if using a residence for AirBnb, which is supposed to be taxed (regardless of AirBnb’ hollow claims of innocent 3rd party).....doesn’t that constitute a business? Is this a way for TV to have a mechanism to work in concert with the Bill recently passed at the state level re; STR?

New to all of this so appreciate any education

If the home is being used as an AirBnB then tax is due. If it has not been collected in the past then perhaps the new bill will change that.

Renting the home is certainly a business activity. However, renting a home does not mean business is being conducted in the home. The activities being conducted in the home are eating, sleeping, cooking, and cleaning. These are the exact same activities that are conducted in my home and 70,000+ other homes in the Villages.

Further, even if the owner sat in the kitchen and accepted payment such that business activity was occurring in the home, it would still not be a violation of the deed restrictions. The deed restrictions prohibit business activity that involves maintaining inventory or customer visits. The sofa and kitchen table in the airBnB is no more inventory than the sofa and kitchen table in my home. The people sitting on the sofa and eating at the kitchen table are not customers visiting a business, they are guests performing the normal activities conducted in a home: eating, sleeping, cooking, and cleaning.

What some seem to want is for local government to pass a law prohibiting an owner from renting his home or a law mandating a minimum duration of a stay. (Un)fortunately, Florida law does not allow a local government to pass such a law.

[banjobob]

Originally Posted by Bill14564

If the home is being used as an AirBnB then tax is due. If it has not been collected in the past then perhaps the new bill will change that.

Renting the home is certainly a business activity. However, renting a home does not mean business is being conducted in the home. The activities being conducted in the home are eating, sleeping, cooking, and cleaning. These are the exact same activities that are conducted in my home and 70,000+ other homes in the Villages.

Further, even if the owner sat in the kitchen and accepted payment such that business activity was occurring in the home, it would still not be a violation of the deed restrictions. The deed restrictions prohibit business activity that involves maintaining inventory or customer visits. The sofa and kitchen table in the airBnB is no more inventory than the sofa and kitchen table in my home. The people sitting on the sofa and eating at the kitchen table are not customers visiting a business, they are guests performing the normal activities conducted in a home: eating, sleeping, cooking, and cleaning.

What some seem to want is for local government to pass a law prohibiting an owner from renting his home or a law mandating a minimum duration of a stay. (Un)fortunately, Florida law does not allow a local government to pass such a law.

The issue of taxes is a mute one the bigger complaint is retirees in their forever home being subjected to strangers weekly or even daily occupying a residence. How are the tenants being vetted ,are they given even a cursory background check? Or just the money !!

Originally Posted by tophcfa

I’m for whatever it takes if the CDD’s are willing to enforce two specific deed restrictions, properties shall be used as single family residential units and businesses cannot be run out of residential homes. That would take care of the problem of people renting out rooms to non family members while concurrently living in the home.

Agree with enforcement of deed restrictions as long as they are applied equally and uniformly. There is way too much selective enforcement in T V.

The Developer granting permission to certain homeowners for certain things prior to transfer of villages to T V which are against ARC deed restrictions should result in suits against the Developer. No special violations of ARC rules in exchange for back door $$ to the developer to build them in. Ie: rv garages put in as "cabanas", additional out buildings being built that look like used furniture store fronts or backyards of rocks approved by the Developer not ARC as seen up north.

Relative to renting rooms: If a person resides in their home with a person renting a single room the arrangement does not require a business license from the State of Florida. This arrange per sa does not classify as a short term rental the same way as when entire dwelling is used as a short term rental which does require FL business license.

Originally Posted by Bill14564

If the home is being used as an AirBnB then tax is due. If it has not been collected in the past then perhaps the new bill will change that.

Renting the home is certainly a business activity. However, renting a home does not mean business is being conducted in the home. The activities being conducted in the home are eating, sleeping, cooking, and cleaning. These are the exact same activities that are conducted in my home and 70,000+ other homes in the Villages.

Further, even if the owner sat in the kitchen and accepted payment such that business activity was occurring in the home, it would still not be a violation of the deed restrictions. The deed restrictions prohibit business activity that involves maintaining inventory or customer visits. The sofa and kitchen table in the airBnB is no more inventory than the sofa and kitchen table in my home. The people sitting on the sofa and eating at the kitchen table are not customers visiting a business, they are guests performing the normal activities conducted in a home: eating, sleeping, cooking, and cleaning.

What some seem to want is for local government to pass a law prohibiting an owner from renting his home or a law mandating a minimum duration of a stay. (Un)fortunately, Florida law does not allow a local government to pass such a law.

Sitting on a couch, eating at a table, sleeping does not define business.

If one goes on ABnB to rent a dwelling for one night and the person with whom that person contacts to book it takes the money and fails to deliver a way into the home would one be ripped off by a person conducting business with a customer who is attempting to stay in the short term rental that they supposedly booked... what as just a friend, family member of the owner?

The primary function of a home test fails miserably on that logic. Not to mention short term rentals require business licenses in FL with only a small exclusion. Research will easily reveal that.

[Robnlaura]

What happens if you’re a Mormon with multiple wives ??

[Ellwoodrick]

Food for thought.....

What do you do when your Deed Restrictions expire? Not all live in new Neighborhoods.
Zoning Laws however don't expire but must be amended for change.

(Taken from a Google Search)


"What is the 30 year deed restriction in Florida?"

"Certain states, including Florida, have adopted the 1956 Marketable Record Title Act, which says that deed restrictions expire within 30 years of inception. That means after 30 years, a homeowners' association is technically unable to enforce the rules and can no longer collect monthly dues from community homeowners."

[BlueStarAirlines]

Originally Posted by OrangeBlossomBaby

There are some homeowners who have live-in aides. They're not family, they're contractors/employees. You'd need to offer exceptions. And that means you'd have to be up in someone's health business, which is against HIPAA law.

People wave around HIPAA like they understand it, but most do not. This would not be a HIPAA violation because the Developer is not a covered entity.

https://www.hhs.gov/sites/default/fi...nforcement.pdf

[BrianL99]

Originally Posted by Ellwoodrick

Food for thought.....

...

"What is the 30 year deed restriction in Florida?"

"Certain states, including Florida, have adopted the 1956 Marketable Record Title Act, which says that deed restrictions expire within 30 years of inception. That means after 30 years, a homeowners' association is technically unable to enforce the rules and can no longer collect monthly dues from community homeowners."

I would do some more research and instead of just reading & citing 2 sentences taken out of context, you include the analysis in its whole.

[BrianL99]

Originally Posted by Shipping up to Boston

I know this was discussed at length on a different thread. So my question is if using a residence for AirBnb, which is supposed to be taxed (regardless of AirBnb’ hollow claims of innocent 3rd party).....doesn’t that constitute a business? Is this a way for TV to have a mechanism to work in concert with the Bill recently passed at the state level re; STR?

New to all of this so appreciate any education

No.

Florida Law prohibits communities from regulating the length of stay for rentals and prohibits them from out-lawing STR's.

Regardless of the fact that STR's require a "Business License" from the State of Florida, court decisions and legislative actions in FL (& most all of the USA) over the last 20-25 years, have consistently and almost unequivocally held that STR's are an allowed use in a Residential Zoning District, unless otherwise specifically defined or prohibited.

The nearly universal flaw in Zoning Regulations throughout the USA, is that the basic premises & definitions adopted pursuant to Euclid vs Ambler Realty Co. (1926), didn't foresee the advent of the internet and platforms that allowed residential homes to be rented on a short term basis and therefore, never defined "Short Term Rentals" as a specific use. Technology, out-paced zoning amendments.

For a myriad of reasons, I don't think you'll ever see an effort by the Developer or the CDD's, to eliminate STR's in TV. I've said a zillion times on here (as have others), the only practical way to exercise some modicum of control over STR's in The Villages, would be a revamping of the Guest/Resident ID system (controlling access to the amenities).

Just my opinion, your mileage may vary.

[MaryMS]

VillageTinker always has good suggestions.

[Villagesgal]

I often let friends and family use my home for free when I travel. I travel at least a month at a time 4 times a year. That violates nothing as I receive no compensation. That doesn't violate anything. It is my home, I should be able to let friends and family enjoy it. It's no ones business but my own. My neighbors have never complained, on the contrary, they enjoy visiting with my friends and family. What is being suggested might not he all that easy to enforce is all I'm saying. What next, trolls knocking on doors to see who is living there???

[Shipping up to Boston]

Originally Posted by Villagesgal

I often let friends and family use my home for free when I travel. I travel at least a month at a time 4 times a year. That violates nothing as I receive no compensation. That doesn't violate anything. It is my home, I should be able to let friends and family enjoy it. It's no ones business but my own. My neighbors have never complained, on the contrary, they enjoy visiting with my friends and family. What is being suggested might not he all that easy to enforce is all I'm saying. What next, trolls knocking on doors to see who is living there???

Yours is an acceptable use. The difference is you and your guests RESPECT your neighbors.