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Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
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#226
08-09-2023, 09:46 AM
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Are we barking up the wrong tree?
Interesting take from the VN opinion page from an owner who appears to know what they are talking about.
I keep reading about the short-term rentals and complaints directed at the Developer and his lack of action. I would agree that this may be a deed restriction issue but more importantly is a legal issue in the State of Florida. A simple search resulted in the following: If you are starting an Airbnb business in Florida, you will need a license. The DBPR vacation rental license application is the first step. You have two options for applying: online or in person with a printed application. The DBPR advises using an online application. Overall, all vacation rentals in Florida must be licensed unless the host remains on site throughout the entire stay. Florida has favorable regulations, but hosts must meet certain requirements. Awning is a nationwide property management company offering end-to-end services for Airbnb investors. Residential Use Restrictions: Property must be devoted only to single-family residential use. Properties within the Subdivision are intended for residential use and no commercial, professional or similar activity requiring either maintaining an inventory, equipment or customer/client visit may be conducted in a Home or on a Homesite. Conclusions: It appears from the above that in the State of Florida, Airbnb is a regulated business under DBPR requiring a license. The complainants should be contacting the Department of Professional Regulations and not the Developer. In addition, this is in direct violation of the Residential Use Restriction as stated in the Deed Restrictions in The Villages and his a Villages Issue. However, it also brings into question the legality of ownership and operation of rental property in general. Andre A Langlais Village of Summerhill |
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#227
08-09-2023, 02:41 PM
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Judge has upheld Nyc ban on Airbnb. Wildwood could do the same. Start a campaign at council meetings
Airbnb lawsuit to block NYC law on short-term rentals is dismissed | Reuters |
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#228
08-09-2023, 02:50 PM
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It seems Florida already requires registrations of short term rental properties. The idea of a hosted rental is strange to me. I understand the meaning, that the owner must be living in the home at the time of the rental. What is odd is I wouldn't think of stopping on the road to give a stranger a ride yet with a hosted rental I'm inviting them into my home where I will be sleeping. Probably just me, but being on either side of that would make me uncomfortable.
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Why do people insist on making claims without looking them up first, do they really think no one will check? Proof by emphatic assertion rarely works. Confirmation bias is real; I can find any number of articles that say so. Victor, NY Randallstown, MD Yakima, WA Stevensville, MD Village of Hillsborough |
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#229
08-09-2023, 06:07 PM
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Quote:
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Folks should perhaps read the entire thread, prior to rehashing untrue/unproven/questionable legal opinions. NY has nothing to do with Florida and the laws are significantly different. Wildwood CANNOT ban STR's, as the Florida Legislature has passed a law that specifically prohibits towns/counties from prohibiting STR's. The question of whether STR's are prohibited by the Deed Restrictions, is a multi-faceted question, complicated by the fact that not all the units in The Villages have the same restrictions or underlying zoning. Simply having a requirement that a use must be "residential", isn't sufficient to unequivocally say STR's aren't allowed. To my knowledge, there's not a single home in TV, with a deed restriction that says: "If you need a Business License", you cannot conduct that "business" in a TV home. As a matter of fact, most of the TV restrictions complicate that even further, by specifying the type of business that's prohibited. Further, the TV restrictions and covenants do not (to my knowledge) define the word "Residential Use". In a court battle to determine if STR's are allowed in The Villages, a litigant faces a number of challenges. For example ... A) That the moving party has a right to bring the action (standing). B) That STR's are not a "residential use" or alternatively, that STR use is a "business". C) That the specific "business" is prohibited, given the specifics of the deed restrictions. All of which also involve the underlining Zoning in the various municipalities, in which TV is located. All the communities have underlying zoning and may or may not specifically define "residential use". The basic, underlying problem in TV, as well as communities throughout the USA, is STR's essentially didn't exist when their zoning regulations were written. Now the zoning issue comes down to (2) issues. 1. Ascertaining if the underlying zoning is "permissive" or "prohibitory". 2. Determining the definition of "residential" and/or "business". In a permissive Zoning scheme, regulations prohibit any use that is not specifically allowed (remember, STR's didn't exist when most zoning regulations were written). Therefore, in general, permissive zoning regulation prohibit STR usage, provided the litigant can convince a court there's a difference between residential use and STR use. In a prohibitory zoning scheme, the opposite approach is taken. The underlying zoning allows all uses that are not expressly prohibited.. Again, one would have to differentiate between STR use and residential use. We then get back to the definition situation. Is their definition of "residential use" specific enough to preclude STR use (or, is their definition of "hotel", encompassing enough to include STR's). In the case of STR's, people are living in the home. Isn't that "residential use"? Perhaps only for a day, but they're still living there, are they not? The best definition of residential use I've seen, said something like: "a person or persons, living as a family unit and meaning and intending to make the residence their home for an extended period of time". Not perfect, but not bad. Anyone who tells you that STR's are prohibited by the Deed Restrictions, are over-simplifying a very complicated question. I believe they are, but I'm not willing to gamble the $500,000 in litigation costs, it would take to get a judge to agree. Those who say the city/town/county can just pass a law to ban them, just haven't bothered to look at the applicable laws and regulations. All of which is colored by the fact that many states, including Florida, have passed state laws in support of STR's. They bring in tax revenue. If all that isn't enough to convince you it's complicated, how about this? When Uber started, they put taxis companies, almost out of business. Taxi companies fought Uber and lost most everywhere. Most every person who rents an STR, is taking money away from a hotel. Why do you think the major hotel chains haven't got together, to ban STR's? Food for thought.. Last edited by BrianL99; 08-09-2023 at 06:20 PM. |
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#230
08-10-2023, 10:16 AM
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They can and have
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Accomplishing rigorous inspections Asserting high local taxes Requiring the landlord to be on the premises when renting Limiting the number of guests per rental Additional regulations we need are: Buildings must be constructed in accordance with high volume use codes Exits must be clearly identified and a lighted sign posted Sprinkler systems in case of fire must be installed Boarding laws must be posted in plain sight These are all a great start and have generated revenue! Hotels have backed the move.
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