Originally Posted by JMintzer (Post 2257317)

Then how did you read their post? :confused:

Originally Posted by Cybersprings (Post 2257333)

I don't think I set myself up by attempting to be the guardian of ensuring factual posts. I intentionally set myself up by asking on multiple threads to point out where I am wrong, just don't make up stuff I said and point that out as wrong. I welcome being corrected. Making mistakes does not make you a bad person or reduce your worth. I have Nno issue with you or anyone else pointing it out. I admitted it, apologized for it and then got it wrong again. I then admitted I got it wrong again and apologized.
Can you say the same? When it is pointed out to you, you ignore it and find a separate point to make. I think that is telling.
If someone googles it, and they quote Doctors, peer-reviewed studies, etc. Is your opinion always more correct? If so, what is your source of information that no one else in the world has? (I know, your experience is something that no one else has. they may have more of their own experience, but no one has yours. IF that is what you point to, please explain why your experience is better than everyone else's.) And if someone said they googled something, and it was something you published as that MAY happen, would it still be non-sense?

Originally Posted by JMintzer (Post 2257338)

Don't sell yourself short... The probably don't like you in real life, either... :p:loco::p


P.S. I KEEED, I KEEED! Most would most likely enjoy a beer and conversation with you... I know I would...

Originally Posted by Bill14564 (Post 2256833)

That is not how the restrictions read. Words matter.

Originally Posted by GizmoWhiskers (Post 2257413)

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.

Originally Posted by Normal (Post 2257411)

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?

Originally Posted by Bill14564 (Post 2256833)

That is not how the restrictions read. Words matter.

Originally Posted by BrianL99 (Post 2257415)

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.

Originally Posted by GizmoWhiskers (Post 2257417)

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?

Originally Posted by oldtimes (Post 2257365)

Have I responded to anything since then?

Originally Posted by Bill14564 (Post 2257423)

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.

Originally Posted by JMintzer (Post 2257310)

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

Originally Posted by GizmoWhiskers (Post 2257417)

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?

Originally Posted by Two Bills (Post 2257443)

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.

Originally Posted by RICH1 (Post 2257450)

This place is turning into AIRBNB Village.
.

Originally Posted by Bill14564 (Post 2257423)

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.

Originally Posted by Bill14564 (Post 2257423)

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.

Originally Posted by BrianL99 (Post 2257476)

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


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

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.

Originally Posted by Papa_lecki (Post 2257477)

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.

Originally Posted by Randall55 (Post 2257480)

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.

Originally Posted by Bill14564 (Post 2257481)

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.

Originally Posted by Bill14564 (Post 2257485)

????

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?

Originally Posted by Randall55 (Post 2257486)

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,

Originally Posted by Bill14564 (Post 2257481)

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?

.

Originally Posted by Randall55 (Post 2257484)

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

Originally Posted by BrianL99 (Post 2257489)

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?

Originally Posted by Papa_lecki (Post 2257492)

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?

Originally Posted by Papa_lecki (Post 2257477)

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.

Originally Posted by Papa_lecki (Post 2257492)

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?

Originally Posted by BrianL99 (Post 2257533)

That is a great analogy.

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

Originally Posted by Randall55 (Post 2257542)

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.

Originally Posted by Bill14564 (Post 2257548)

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.

Originally Posted by BrianL99 (Post 2257416)

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 Randall55 (Post 2257555)

Wake Up! One day in NYC STRs were running rampatant. The next day, without notice, restrictions were placed on them, forcing some to shut down. How do you believe all this happened?

Originally Posted by Normal (Post 2257557)

Deed Restrictions in Florida can be changed, but do you have to?

Just do what Ft Pirce Florida initiated in 2021. They were not grandfathered before the 2011 Florida law on rentals.

Mandate hosting rules.

Originally Posted by BrianL99 (Post 2257563)

I would proffer that the rules adopted by Ft. Pierce are intended to address "abuses", but in fact, simply raise the cost to run a STR (& increase revenue for the city) and do little or nothing to limit STR's.

It's sort of like adopting a new Speed Limit. Great theory, it might help a little, but folks aren't really "prohibited" from speeding, they simply must face the consequences if caught.

Don't get me wrong, they did a decent job with what they had to work with, but they were really stymied by FL state law.

https://stlucievillagefl.gov/wp-cont...rce-21-019.pdf