Bill14564 |
09-16-2023 06:30 AM |
Quote:
Originally Posted by Randall55
(Post 2257440)
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.
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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.
Quote:
<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.
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Perhaps we will see stricter laws but if we do they will likely be based on zoning.
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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.
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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.
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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.
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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.
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