Quote:
Originally Posted by OrangeBlossomBaby
(Post 2225064)
That would require a change in deed restrictions. People buy properties here intentionally as rental investments. A deed restriction would need to grandfather them in, otherwise they'd be looking at a LOT of lawsuits. They were ALLOWED to do this, because there was no restriction forbidding it, when they purchased the properties.
They could make no-rental restrictions on future development but - then they'd also have to eliminate their own Lifestyle visits because those are short-term rentals for up to 7 days each, in those new development areas.
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Quote:
Originally Posted by Bill14564
(Post 2225074)
My belief is that most of the properties being rented are through a service like AirBnB, ****, The Villages Hometown Properties, or something like that. I would have thought that these services would help the homeowner/landlord to stay legal. It's certainly possible that I am wrong and rentals aren't through a service or that the service doesn't help the homeowners in this way.
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Quote:
Originally Posted by Bill14564
(Post 2225134)
Florida law 509.032(7)(b) appears to prohibit any post-2011 local laws attempting to affect rentals.
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Quote:
Originally Posted by OrangeBlossomBaby
(Post 2225141)
The Developer is not making laws. They're making rules. It's not against the law to rent property in the Villages. And your Florida law, above, will support that. But the law doesn't prohibit owners of private property from allowing or forbidding rentals on their own property. The law can't force me to rent my property out, and the law can't prevent me from renting it if I want to. The rules of this community, however, can. It doesn't prohibit it in my part of the Villages, but it might in others. And it can be prohibited in new construction, if the Developer wanted to prohibit it.
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Quote:
Originally Posted by Bill14564
(Post 2225147)
Don't know how the statute might apply to deed restrictions on homes that are not yet built. It certainly seems to apply to any attempt to affect rentals.
On the other hand, this discussion is moot if no one attempts to enforce a restriction. If the Developer cannot or will not and if no homeowner attempts to then effectively there are no restrictions against rentals.
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No offense intended gentlemen, but Mr. Bill & OrangeBlossomBaby, you have little or no understanding of real estate law, zoning and restrictive covenants.
Real Estate ownership in most countries is based on a "Bundle of Rights". Those rights can be transferred, sold or withheld, almost at will. The Developer can sell some lots with "restrictions", yet not restrict others. (
Bundle of rights - Wikipedia)
The "Law" can effect real estate in general and can limit or control almost anything and can tell you, your home can't be rented or painted purple.
The "Law" in Florida regarding prohibiting regulation of STR's, applies to communities and counties, not individual land owners. Land owners selling property, can "retain" the right to restrict the use of properties they sell. They are only selling the part of the "bundle" they want to sell.
About the only right a Seller can't retain, is a "right" which offends public sensibilities (i.e., prohibiting a certain race or religion from buying or living on the property).
The Developer can reserved the right not to enforce some restrictions (within reason), but that generally doesn't prevent a 3rd Party Beneficiary from seeking to enforced those restrictions (either within the framework of the restrictive scheme or perhaps under the theory of Detrimental Reliance).
Before you go much further down the road of what's legal, what the developer can do or not do and how Florida law effects individual landowners, you should acquaint yourself with the how property rights work.
Restrictive Covenants – Everything You Need to Know
Covenants, Conditions, and Restrictions | Attorneys' Title Guaranty Fund, Inc.
Can a Restrictive Covenant Be Removed From a Property? | HowStuffWorks
Restrictive Covenants: Definition, How They Work, and Examples
Land Use 101 is dismissed for the day.