[BrianL99]

Originally Posted by GizmoWhiskers

Yes, words matter and FL law requires business lic for STRs. The words are right. Villa deed restrictions prohibit businesses being run out of them. Perhaps researching those words in that order is necessary. Put the words in a bowl and eat them as a salad if they are more appealing calories.

You need to re-read the Deed Restrictions. Some may prohibit any old business from being run out of a home, but most do not. As someone else reminded you, words matter ... exact wording.

[BrianL99]

Originally Posted by Normal

Maybe there IS a solution to the AirBnB problem most have overlooked? The Villages did build a neighborhood after 2011 and 2014 that didn’t permit rentals, all are prohibited!

There is a way to stop the madness, or are their rules illegal?

The rules are perfectly legal, but unrelated to Florida State Law in that respect.

"Deed Restrictions" are completely distinct from Zoning Regulations ... apples and oranges.

A Deed Restriction can prohibit you from painting your house red or purple. A seller can restrict what you can do with what he/she sells you and doesn't (generally) need a reason, nor even be reasonable. The difference being, you can elect not to buy a piece of property, if you don't like the restrictions the Seller wants to impose. The only restrictions that can't be enforced, are those that violate public interest. Many home deeds in the 40's & 50's, prohibited people from selling their homes to Negros, Jews, anyone who has spent time in a mental institution ... there were all sorts of prohibitions. They have been negated by anti-discrimination laws.

A Law cannot prohibit you from painting your house red or purple, unless the state can somehow show there's a valid reason, that's in the public interest.

At a lake I live on, there's currently pressure to outlaw using "red outdoor lights" in your yard. Sounds ridiculous, right? It's distracting for boaters navigating at night and there have been several boating accidents because of the confusion. Valid reason and in the public interest.

Originally Posted by Bill14564

That is not how the restrictions read. Words matter.

District 12 Kate Villas:

Article V USE RESTRICTIONS

"Section 2. No business of any kind shall be conducted on any residence with the exception of the business of Developer and the transferees of Developer in developing and selling all of the Homesites as provided herein. "

FL DIVISION OF PREFESSIONAL REGULATION (DBPR)

"Do I need a license for my rental?
If renting rooms: Renting a single room or rooms other than the whole unit is not classified as a public lodging and would not require a license from DBPR, Division of Hotels and Restaurants. Please be advised your business may still be subject to city, county or other local authority jurisdiction.

If renting the entire unit: Yes, if you are renting an entire unit more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or if it’s advertised or held out to the public as a place regularly rented to guests."

What kind of dressing would one like on their word salad, lol?

Originally Posted by BrianL99

You need to re-read the Deed Restrictions. Some may prohibit any old business from being run out of a home, but most do not. As someone else reminded you, words matter ... exact wording.

See post 168 for some vague unclear words lol

[Bill14564]

Originally Posted by GizmoWhiskers

District 12 Kate Villas:

Article V USE RESTRICTIONS

"Section 2. No business of any kind shall be conducted on any residence with the exception of the business of Developer and the transferees of Developer in developing and selling all of the Homesites as provided herein. "

What kind of salad dressing would one like?

Reading comprehension. Read what the words mean, not what you would like them to mean.

What business is being run out of the home, what are those present in the home doing that constitutes business activity? As I have written before, they are eating, sleeping, cooking, and cleaning just as you and I do in our homes. They are not conducting business in the home, they are living their lives, just as you and I do. No business activity, no restriction violation.

Looking at it another way, there is at least one set of restrictions that were modified around rentals. In these restrictions, wording that specifically prohibited renting was removed leaving only the business language. It is possible that the developer went through the effort and cost to change the language simply to remove a redundancy. It is much more likely that he intended to remove the restriction against rentals and understood that the business language could be left because it did not interfere with renting.

But in the end, it takes only one court decision to put this to bed. Homeowners have the right and the duty to prosecute in a court of law to bring about deed compliance. Take you STR-running neighbor to court. When you get a judgment against him based on the deed restrictions then you will have proven that your reading of the restrictions was correct.

[JMintzer]

Originally Posted by oldtimes

Have I responded to anything since then?

You must know what they post in order to critique them, no?

[Randall55]

Originally Posted by Bill14564

Reading comprehension. Read what the words mean, not what you would like them to mean.

What business is being run out of the home, what are those present in the home doing that constitutes business activity? As I have written before, they are eating, sleeping, cooking, and cleaning just as you and I do in our homes. They are not conducting business in the home, they are living their lives, just as you and I do. No business activity, no restriction violation.

Looking at it another way, there is at least one set of restrictions that were modified around rentals. In these restrictions, wording that specifically prohibited renting was removed leaving only the business language. It is possible that the developer went through the effort and cost to change the language simply to remove a redundancy. It is much more likely that he intended to remove the restriction against rentals and understood that the business language could be left because it did not interfere with renting.

But in the end, it takes only one court decision to put this to bed. Homeowners have the right and the duty to prosecute in a court of law to bring about deed compliance. Take you STR-running neighbor to court. When you get a judgment against him based on the deed restrictions then you will have proven that your reading of the restrictions was correct.

The renters are involved in a business transaction. The owner of the rental is conducting a business. If money is exchanged for goods or services it is a business.

If renters live in another state and choose to spend money to rent a home in Florida, that would be classified as interstate commerce. The state has authority to make laws regarding. If the state did not have the authority, they would not waste their time enacting laws regarding STRS and AIRBNB. It does not matter if the state is lenient or tough on these rental homes. The state gets involved because a business is being conducted. A business that, at times, crosses the state's borders. I am still in the camp that we will see stricter laws regarding STRS and AIRBNBS from a government level (city, local, or state) This is not merely a zoning issue.

It would be silly to argue deed restrictions in court. Even if you win, the wording of the deed restrictions can be changed in a fashion that adheres to the laws. For example: If you win based on the fact that an STR is a business.The Deed restriction clearly prohibits business in a home. All the Developer has to do is list businesses that are permitted in an updated deed restriction. Laws regarding STRS and AIRBNBS need to come from the government level. Exactly as they did in NYC.

If and when laws are enacted, I am certain those of you who keep stating it can never be done, will post. "It was obvious laws would be enacted, how did you not see this coming?" I will have a good chuckle.

[Randall55]

Originally Posted by JMintzer

I would wager that the person who posted that would ask "Things than never happened for $600, Alex" on Jeopardy

If you havent heard, Alex is dead. And, if I were on Jeopardy, I would take Communities Who Believe They Are The Friendliest Home Town, wager all my money, Ken!

If it has not happened TO YOU that doesnt mean others are liars.

[Two Bills]

With all the heat rising from this thread, can't believe 'jimjam' hasn't been along complaining about the hot air killing the Polar Bears.

[BrianL99]

Originally Posted by GizmoWhiskers

District 12 Kate Villas:

Article V USE RESTRICTIONS

"Section 2. No business of any kind shall be conducted on any residence with the exception of the business of Developer and the transferees of Developer in developing and selling all of the Homesites as provided herein. "


What kind of dressing would one like on their word salad, lol?

Deed Restrictions are not consistent throughout The Villages. The posted language is atypical and as someone else mentioned, doesn't necessarily mean what you would like it to mean.

[RICH1]

This place is turning into AIRBNB Village.
A winter haven from November thru March and then bounce back up North..
Fellow Villagers are also AIRBNB owners.. The enemy lives among us.

Randall55 post 172 : Well said!

[golfing eagles]

Originally Posted by Two Bills

With all the heat rising from this thread, can't believe 'jimjam' hasn't been along complaining about the hot air killing the Polar Bears.

Be careful what you wish for.......

[BrianL99]

Originally Posted by RICH1

This place is turning into AIRBNB Village.
.

That would appear to be an over-statement of gargantuan proportions.


https://www.talkofthevillages.com/fo...9-post414.html

[Papa_lecki]

Originally Posted by Bill14564

Reading comprehension. Read what the words mean, not what you would like them to mean.

What business is being run out of the home, what are those present in the home doing that constitutes business activity? As I have written before, they are eating, sleeping, cooking, and cleaning just as you and I do in our homes. They are not conducting business in the home, they are living their lives, just as you and I do. No business activity, no restriction violation.

The deed restriction DOESN’T define Business - in a legal document, a term is defined if it’s capitalized.

If I am running an online t-shirt print business, at home (i have t-shirts in my garage, I print them, and ship them) - I have inventory and work from my home.

Is the STR landlord actually operating the rental business from their primary home (i.e. where the records are kept, where the lease is signed and money exchanges hands)?
What’s happening in the STR in The Villages is…

Originally Posted by Bill14564

As I have written before, they are eating, sleeping, cooking, and cleaning just as you and I do in our homes. They are not conducting business in the home, they are living their lives, just as you and I do.

Need a court precedent to define Business in The Villages.