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DianaC1 (Florida)
Posts: 6
Posted:
We live in a single family development and I head the neighborhood watch.We have been under declarant board and the developer seems to do whatever he wants for his own pocket.Since we live near an upcoming University,he has decided to rent single family homes to 4& 5 college kids per unit.Each has there own lease and the homeowners living in this development spend night after night up out in the streets calling the sheriff to put control.Our gates et broken every night the traffic is horrible, beer can all over and they now have taken over the pool with boom boxes and beer.Our managing co.does nothing to stop or try to help the owners.ON vacant land meant for future development the have now put in a temporary parking lot which violates county code and there is a hearing set.However,we feel that it will be only a matter of time that it will be changed to their advantage.I have sat on several committes here but now feel it's beyond help.Any suggestions?Tired homeowner who worked hard to try and salvage an investment but living in hell!!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Diana,

The 1st thing that comes to my mind is the zoning law for your area. If you are zoned for single family dwellings, that may help in your argument against this "commercial" renting, multiple family situation. Unfortunately, developers do these kinds of things. Can he do these rentals even if it is against what your CC&Rs say (perhaps "single family use only") Yes he can

Several Counties in Florida have a bed tax on rentals shorter than a certain number of months so check that out.

I would work with law enforcement with the noise and drinking on the common area. That is your land as well and you have the right to have some say in what is happening there. How sad is this. Also, report the builder to the local Builders Association for his lack of professionalism in his developement. Maybe you might just be grasping at straws but the more noise that you make, maybe someone will pay attention to your complaints.
RickW (Illinois)
Posts: 169
Posted:
Quote:
Posted By DianaC1 on 09/29/2009 4:58 PM
We live in a single family development and I head the neighborhood watch.We have been under declarant board and the developer seems to do whatever he wants for his own pocket.Since we live near an upcoming University,he has decided to rent single family homes to 4& 5 college kids per unit.Each has there own lease and the homeowners living in this development spend night after night up out in the streets calling the sheriff to put control.Our gates et broken every night the traffic is horrible, beer can all over and they now have taken over the pool with boom boxes and beer.Our managing co.does nothing to stop or try to help the owners.ON vacant land meant for future development the have now put in a temporary parking lot which violates county code and there is a hearing set.However,we feel that it will be only a matter of time that it will be changed to their advantage.I have sat on several committes here but now feel it's beyond help.Any suggestions?Tired homeowner who worked hard to try and salvage an investment but living in hell!!

Diana,
Please do not take this criticism further than constructive as that is the only way it is intended. Your post lacks grammar and punctuation. To me, it reads as if it was posted in haste and possibly in anger. I think you will get further if you step back, collect your thoughts, etc...

If I overlook that, and read sentence buy sentence I can totaly understand and sympathize with your situation. I do not know your local codes nor do I know what your deed, rules and regs state. I do know, in my association, every tenant must follow the association rules and regulations. If they do not, we have the power to enforce them through the owner of the unit. Is this something you could look into? Send fines and violations to the owner for act the renters do? I'm not sure how this works if the developer is consider the owner. Maybe its time to hire an attorney? It can't be a good situation to live with.
DianaC1 (Florida)
Posts: 6
Posted:
It probably was done with frustration.Our Board is governed by the developer.
He changes our rules based on what he needs.
Our property manager is governed by the developer also.
As homeowners we have been dealing with this situation and work very hard with the sheriff's dept.Since this is Florida and are governed under chapter 720 of Florida Statutes the courts will not intervene.We can't sell our properties due to economics and are really living in a bad situation.Is there anything that can be done to go after the developer?
The renters break our gates every night,have sorority parties etc.It is a never ending situation.Every September is new enrollment at the university and new college kids moving in.!!Any help out there?Diana
PeterB1 (Florida)
Posts: 257
Posted:
Diana,

It seems that you need to focus your requests for assistance in the area of the County administration. The Sheriff and the Zoning people have been mentioned.

If you and several of your neighbors met with the 'Community Assistance Deputy' and discussed possible actions, you might find some help. Calling 'Code Enforcement' and describing your problem might bring some inspectors to the area.

Finally, do your homework and find out if multiple 'families' are allowed to live in the homes. Perhaps, there are safety rules that apply specifically to this situation.

You can't just wring your hands ans say... isn't this awful. Get together with your neighbors and see who will help.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Diana,

When meeting with city/county officials as Peter has suggested, find out if a license is required to rent property. Where I live, the city requires a property owner to obtain a business license if he plans to rent his property. Also, the county must be informed that the property is being rented as the property taxes are much higher (almost double!). If these are requirements it could be that the developer is in violation so that would be one good way to get him to stop this practice.

Perhaps a group of property owners could get together for a meeting with the developer. Appoint one person as the spokesperson for the group. Let him know exactly what is happening by allowing these college students to rent in the community (i.e., damage at the pool, noise, etc.). State how the majority of the property owners are sorry they purchased a home in the community AND this practice could prevent him from selling more homes. His main goal is to sell homes and I'm sure he's not going to do anything that might prevent this. Tell him you heard that some homeowners are so angry they have stated they are prepared to picket his sales office. I'm not in the habit of lying, and I certainly don't advocate it, however, sometimes you just have to fight fire with fire!
DianaC1 (Florida)
Posts: 6
Posted:
Thanks Mary However not only are homeowners who had bought for investment and do not live here , rent, but the developer owns many single family villas that he has also rented to college students.
We have on more than once had discussions with the developer and the answer is always the same "" That's the Way it is"
I have had a big presence here in this development working on several committes hoping it would at least make these students realize that they are living in a single family development,not the dorm , but have been spoken to demeaningly.They want to do what they want.
I've met with the Dean and also have had no progress.
We now have a citation with the county against the developer for putting in extra parking lots where there are supposed to be future development and there is a hearing.However we are sure he will apply for a variance.We are putting pressure on the fire marshall and enforcing restricted parking by way of towing.However, week-ends are a nightmare.
Families who have wanted to rent in here will not due to the stigma that has been put on us.It is taking quite a toll but continue to fight.
I would just like someone to help when it comes to declarant boards because the homeowners have not been able to have the development turned over to them,and what rights do homeowners have in this situation?Diana
MicheleD (Kentucky)
Posts: 4,491
Posted:
Diana:

I think you are missing the point.

If it is against zoning for a single family home to be converted to a dorm environment, then the developer will have to cease doing so or risk fines from the county.

And the developer can apply for a waiver, but in most areas the public has an opportunity to weigh in on that application.

If he is in violation of zoning restrictions, and that is brought up at his waiver hearing, it may well be denied.

The thing is, you will have to continue to be proactive.

We had someone attempt to sub-let (rent out portions of a home to more than one person) a home in our subdivision. It was halted once we turned them in to Zoning Enforcement.

DianaC1 (Florida)
Posts: 6
Posted:
I am working with those issues now.I have set up a meeting with the sheriff's department and laid some groundwork with our County Government.
The thing that I cannot get across is that we do not govern our own development because we are not 80% sold out in the Townvilla section.It is all single family, Fee Simple deeded community, but are governed by the developer.Our HOA whom we pay our fees to is dictated to them by developer
We have been given no say it the what is needed and wanted in this community.
Do you know if homeowners have any rights in what goes on in a development when the developer still has control?Diana
DianaC1 (Florida)
Posts: 6
Posted:
Mary the picketing made me chuckle.We have been firing back but our HOA works with the developer since we are still under a declarant board.
Right now we have a petition in reguard to the developer taking vacant land for future development and have him cited by the county for using that land as a temporary parking lot.We have a meeting with the sheriff's office.We do our own patroling and involve the sheriff any which way we can.It is exhausting.
He has put big billboard signs showing a monthly payment which looks like we are for rent since he has now chosen to rent what he hasn't sold.
I have inquiries into the State on Florida Statutes in reguard to illegal advertising.Diligent we are!!! Just need some hard facts to get us to the right places.Diana
MicheleD (Kentucky)
Posts: 4,491
Posted:
Well, technically, he doesn't "govern" your development, either. But since he is the major stockholder (by virtue of the documents, among other things) you are right that you have very little "power" against him, within the structure of the association itself.

But as members of the association, you do have some, albeit limited, power.

You can work to make sure he follows city and county zoning and other regulations, even if you can't find any relief through the association itself.

Best of luck to you! Keep us posted.
DianaC1 (Florida)
Posts: 6
Posted:
Thanks Will Do
KirkW1 (Texas)
Posts: 1,665
Posted:
Your best bet is pressure from the government. You might find a way to sue the developer, but unless your case if very tight, you end up paying both sides of the legal battle.

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