[rustyp]

Originally Posted by 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."

The Villages was organized into a CDD type government in 1992 - 32 years ago. Does this mean I don't have to submit to the ARC anymore ?

[Stu from NYC]

Originally Posted by Robnlaura

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

Let me ask my next door neighbor if he has ever had a problem.

[Justputt]

Originally Posted by GizmoWhiskers

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.

I suspect all the homes in the Villages are zoned single family, so if you are renting room(s) to other than immediate family that would be an issue. Regardless of deed restrictions, zoning is zoning.

[BrianL99]

Originally Posted by Justputt

I suspect all the homes in the Villages are zoned single family, so if you are renting room(s) to other than immediate family that would be an issue. Regardless of deed restrictions, zoning is zoning.

That is not accurate. The majority of homes in TV are in a "Residential" zoning district and most have been the subject of a Site Plan Permit of one sort or another.

There's hardly a jurisdiction in the entire United States, that would consider the renting out of a "room" to a boarder, would be considered a violation of zoning in a Single Family Zoning District. That's tantamount to saying, if you charged your 22 year old child for "room & board", it would make his occupancy illegal. Not likely.

[pauld315]

Originally Posted by Bill14564

As much as some would like it to be, hosting a guest for a night/week/month is not a violation of the deed restrictions in most areas (there is always an exception). It is not running a business out of the home, particularly not a business requiring inventory or customer visits, and it does not violate the single-family clause. It simply doesn’t.


EDIT: I cannot find any "single-family clause" in my deed restrictions. It isn't being violated anyway, but it doesn't seem to exist.

That is for a court to decide but I think you are wrong. If you are renting a room out in your house, you need a business license, therefore, it is a business.

[Bill14564]

Originally Posted by pauld315

That is for a court to decide but I think you are wrong. If you are renting a room out in your house, you need a business license, therefore, it is a business.

Even if it was a business, since it is not a business in the home storing inventory or involving customer visits then it is not a deed violation.

[BrianL99]

Originally Posted by pauld315

If you are renting a room out in your house, you need a business license, therefore, it is a business.

Categorically incorrect.

[Two Bills]

Originally Posted by BrianL99

Where does the Developer derive the right to drop enforcement, onto the CDD's?

I assume the Developer has the right to assign his enforcement rights to whomever he wishes, but it seems the Assignee would have to affirmatively accept them?

I haven't read all that many TV deeds, so that's a question, not an assertion.

Pretty sure I read the CDD concerned approached the Developer to take over the enforcement.
Not the Developer dumping it on the CDD.

[JGibson]

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.

That Florida law has a date of enforcement on it and some homes in the Northern section don't fall under that Florida law.

2/3 of my CYV block is STR and has totally lost any neighborhood feel. It's more like a resort or time share than a community.

It's chasing year round residents out and more STR in which the whole block will eventually be 100% STR.

How is it condominiums in Florida are able to implement restrictions on STR but not TV?

[Topspinmo]

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.

So when do you think CDDs will not need more money? IMO 5 or so years us lower income population in villages will have to on move and higher income will be plucked like chicken sandwich at Chick-fil-A

[Topspinmo]

Originally Posted by Two Bills

Pretty sure I read the CDD concerned approached the Developer to take over the enforcement.
Not the Developer dumping it on the CDD.

When you don’t do nothing you don’t have to dump you look for way out.

[Topspinmo]

Originally Posted by BrianL99

Categorically incorrect.

Agree falls under slumlords

[Topspinmo]

Originally Posted by BrianL99

That is not accurate. The majority of homes in TV are in a "Residential" zoning district and most have been the subject of a Site Plan Permit of one sort or another.

There's hardly a jurisdiction in the entire United States, that would consider the renting out of a "room" to a boarder, would be considered a violation of zoning in a Single Family Zoning District. That's tantamount to saying, if you charged your 22 year old child for "room & board", it would make his occupancy illegal. Not likely.

Once sale about anything goes and sometimes before sale

[Robojo]

Originally Posted by OrangeBlossomBaby

The post I responded to was positing that there should be some way to prevent people from renting rooms WHILE LIVING THERE AT THE SAME TIME. That constitutes "something other than single family residence."

So you're saying that an owner cannot take a roommate??? Thats a little too strict.

[Topspinmo]

Originally Posted by Robojo

So you're saying that an owner cannot take a roommate??? Thats a little too strict.

Just call them you live in mate, there no limit