[Randall55]

Originally Posted by BrianL99

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


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

How would you know? You stated earlier you live on a lake where there are red lights causing boats to lose vision. Doesn't sound like a place in the Villages! Even if you are a part-time resident, again, how would you know? You are not here to witness. Are you going by the STRS listed on the online sites? Many are not listed there.

[Bill14564]

Originally Posted by Randall55

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.

The issue is not whether renting a home is a business activity, most deed restrictions don't mention rentals. The issue is whether there is business being conducted at the home ant there is not. Eating, sleeping, cooking, and cleaning are not business activities. There is no business being conducted in the home by residing there and therefore there is no violation of the restrictions.

<discussion of interstate commerce with questionable legal opinion removed>

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.

Perhaps we will see stricter laws but if we do they will likely be based on zoning.

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.

Again, eating, sleeping, cooking, and cleaning are not business activities and do not constitute business being conducted on a residence.

Absolutely deed restrictions can change, laws can change also (this was made clear in another thread by someone very proud of their Masters degree in Political Science). Does this make it silly to go to court to enforce a speed limit law because it can be changed?

As far as I know, deed restrictions are legally binding and enforceable. The CDDs have no problem fining people for violations of external deed restrictions and there is an ongoing court case involving lawn ornaments. The deed restriction against business being conducted on a residence should be equally enforceable. Put your money where your mouth is - if you are that confident in your legal assessment of this situation then do your duty as an owner and initiate proceedings to bring that STR (and other rentals) into compliance.

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.

Reading comprehension again. I don't recall anyone saying laws cannot be enacted. I and others have pointed out that Florida State law prevents local governments from creating any new laws that limit the duration of rentals. Several have also said that there appears to be no interest by the developer or county government to address rental activity at this time. That interest might change and the Florida law might change in the future, but not today.

[Randall55]

Originally Posted by Papa_lecki

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…


Need a court precedent to define Business in The Villages.

Any time money is exchanged for goods or SERVICES, it is a business.

[Bill14564]

Originally Posted by Randall55

How would you know? You stated earlier you live on a lake where there are red lights causing boats to lose vision. Doesn't sound like a place in the Villages! Even if you are a part-time resident, again, how would you know? You are not here to witness. Are you going by the STRS listed on the online sites? Many are not listed there.

????

He would know how many airbnbs are available in the Villages by searching the airbnb site for listings in the Villages.....JUST AS HE SHOWED IN THE LINKED POST!

Are you really asserting that many rentals in the Villages are not listed on rental sites? Do you believe 20 year olds are going door to door to find STRs that don't advertise on rental sites?

[Randall55]

Originally Posted by Bill14564

The issue is not whether renting a home is a business activity, most deed restrictions don't mention rentals. The issue is whether there is business being conducted at the home ant there is not. Eating, sleeping, cooking, and cleaning are not business activities. There is no business being conducted in the home by residing there and therefore there is no violation of the restrictions.




Perhaps we will see stricter laws but if we do they will likely be based on zoning.



Again, eating, sleeping, cooking, and cleaning are not business activities and do not constitute business being conducted on a residence.

Absolutely deed restrictions can change, laws can change also (this was made clear in another thread by someone very proud of their Masters degree in Political Science). Does this make it silly to go to court to enforce a speed limit law because it can be changed?

As far as I know, deed restrictions are legally binding and enforceable. The CDDs have no problem fining people for violations of external deed restrictions and there is an ongoing court case involving lawn ornaments. The deed restriction against business being conducted on a residence should be equally enforceable. Put your money where your mouth is - if you are that confident in your legal assessment of this situation then do your duty as an owner and initiate proceedings to bring that STR (and other rentals) into compliance.



Reading comprehension again. I don't recall anyone saying laws cannot be enacted. I and others have pointed out that Florida State law prevents local governments from creating any new laws that limit the duration of rentals. Several have also said that there appears to be no interest by the developer or county government to address rental activity at this time. That interest might change and the Florida law might change in the future, but not today.

I am not stupid enough to spend my hard earned money fighting deed restrictions. That is a fool's game! Why don't you finally pick a side? It is so easy to argue when one flip flops,

[Randall55]

Originally Posted by Bill14564

????

He would know how many airbnbs are available in the Villages by searching the airbnb site for listings in the Villages.....JUST AS HE SHOWED IN THE LINKED POST!

Are you really asserting that many rentals in the Villages are not listed on rental sites? Do you believe 20 year olds are going door to door to find STRs that don't advertise on rental sites?

That is exactly what I am stating. There are multiple ways to rent a home. Not only the ones you can google. I know of many that were rented out by word of mouth alone.

[Bill14564]

Originally Posted by Randall55

I am not stupid enough to spend my hard earned money fighting deed restrictions. That is a fool's game! Why don't you finally pick a side? It is so easy to argue when one flip flops,

Reading comprehension yet again.

1. You would not be fighting a deed restriction, you would be seeking enforcement of a deed restriction. Big difference between fighting not to obey an item in a legal document and arguing that the legal document ought to be obeyed.

2. I have not flip flopped at all. You can find all my previous posts easily enough to prove that to yourself.

[BrianL99]

Originally Posted by Bill14564

Absolutely deed restrictions can change, laws can change also (this was made clear in another thread by someone very proud of their Masters degree in Political Science). Does this make it silly to go to court to enforce a speed limit law because it can be changed?

.

Every time I ever bought Cracker Jack's as a kid, I only got a silly little rubber horse or elephant. They put Master's Degrees in some of the boxes?

[Papa_lecki]

Originally Posted by Randall55

Any time money is exchanged for goods or SERVICES, it is a business.

And the business is being operated out of the landlord’s primary home, not the STR.

Is a business operating out of a rental car or the Avis office at the airport?

[Randall55]

Originally Posted by BrianL99

Every time I ever bought Cracker Jack's as a kid, I only got a silly little rubber horse or elephant. They put Master's Degrees in some of the boxes?

You probably wouldn't know because you don't have one. if you did, you wouldn't post such a ridiculous statement.

[Randall55]

Originally Posted by Papa_lecki

And the business is being operated out of the landlord’s primary home, not the STR.

Is a business operating out of a rental car or the Avis office at the airport?

The goods they provide are the cars and the homes. The services are what is included in the lease.

[golfing eagles]

Originally Posted by Papa_lecki

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…


Need a court precedent to define Business in The Villages.

From a legal dictionary:

business
n. any activity or enterprise entered into for profit. It does not mean it is a company, a corporation, partnership, or have any such formal organization, but it can range from a street peddler to General Motors.

[BrianL99]

Originally Posted by Papa_lecki

And the business is being operated out of the landlord’s primary home, not the STR.

Is a business operating out of a rental car or the Avis office at the airport?

That is a great analogy.

Similar (not as good perhaps) is selling a home. Who's conducting the business and from where?

[Randall55]

Originally Posted by BrianL99

That is a great analogy.

Similar (not as good perhaps) is selling a home. Who's conducting the business and from where?

If the silly thing you are arguing is true, then THINK! The laws would stop or restrict the business owners NO MATTER WHERE THEIR HOME OFFICE OR PLACE OF CONDUCTING THE BUSINESS IS LOCATED! How would one continue to run an STR or AIRBNB without adhering to the laws? They would be fined or shut down even if the owner is in Timbuktu.

[Bill14564]

Originally Posted by Randall55

If the silly thing you are arguing is true, then THINK! The laws would stop or restrict the business owners NO MATTER WHERE THEIR HOME OFFICE OR PLACE OF CONDUCTING THE BUSINESS IS LOCATED! How would one continue to run an STR or AIRBNB without adhering to the laws? They would be fined or shut down even if the owner was in Timbuktu.

If you are referring to what exists today for the Villages, that would be the deed restrictions. The deed restrictions apply to what happens at the residence. It matters greatly where the business is conducted since if it is not conducted on the residence then the deed restrictions do not apply. Eating, sleeping, cooking, and cleaning by those residing in the home are not business activities.

If you are referring to future laws then sure, the future law could be written that way and in the future that would matter, but not today.