What services do mgmt cos provide?

[Matt J]

I just find it interesting that DBPR is involved. We are starting to get a lot of code cases where actual residents are complaining about the investors who have what amount to this mini-motels running. I have been struggling with where you draw the line between a single family dwelling and an actual commercial enterprise. Since I do not need DBPR to rent out my house and it appears these vacation rental ventures do, the line may become much clearer. I wonder how this is going to sit with convenants that strictly prohibit commercial operations and this obvious commercial use. Thanks for the reference I will review this weekend.

The DBPR is over the division of Hotels and Restaurants. The line is pretty clear, anything less than 6 months is governed as Public Lodging. Anything over 6 months is considered long term rental and governed under Real Estate law. I'm not sure if that designation is made by actual amount of time spent in the unit or if it is governed by the contract/lease. I'm sure shallowsnole could enlighten us.

As far as covenants and restrictions I'm not sure. While it does fall under commercial I don't believe that it would be restricted. Generally the reason for restricting commercial operations in covenants and restrictions is to prevent someone from running an auto body shop out of their garage or a beauty saloon in their living room.

 

[scooterbug44]

Typically the covenants of a neighborhood will specifically address rentals, rather than having it come under the no commercial clause. They do restrict/outlaw rentals for a variety of reasons - security, traffic, tone of neighborhood etc.

I believe the time is determined by the lease/contract time, not the actual hours of occupation, as that is hard to prove/track.

 

[Matt J]

Typically the covenants of a neighborhood will specifically address rentals, rather than having it come under the no commercial clause. They do restrict/outlaw rentals for a variety of reasons - security, traffic, tone of neighborhood etc.

I believe the time is determined by the lease/contract time, not the actual hours of occupation, as that is hard to prove/track.

That's true, there are only a handful of communities on 30A that restrict vacation rentals and it is spelled out pretty clearly in the covenants and restrictions.

I assume to that the time is determined by lease/contract, but figured I'd wait for our little tax collector to verify it.

 

[wrobert]

That's true, there are only a handful of communities on 30A that restrict vacation rentals and it is spelled out pretty clearly in the covenants and restrictions.

I assume to that the time is determined by lease/contract, but figured I'd wait for our little tax collector to verify it.

The last one of these issues we had was not the vacation rental as much as the it being offered as a wedding venue.

 

[ShallowsNole]

If everyone can hold their thoughts until after Christmas, I'll weigh in. But you can also visit http://clerkofcourts.co.walton.fl.us/default.aspx?id=40 in the meantime. I think I put the DBPR stuff out there in a FAQ.

 

[Matt J]

The last one of these issues we had was not the vacation rental as much as the it being offered as a wedding venue.

I remember that, over in Destin wasn't it? He also wasn't buying a second home that he was going to rent out, he was buying residential property to turn a consistent profit on by allowing parties and weddings. Not a classic "rental" by any means as most rental companies are very specific as to no weddings without prior approval.

 

[wrobert]

I remember that, over in Destin wasn't it? He also wasn't buying a second home that he was going to rent out, he was buying residential property to turn a consistent profit on by allowing parties and weddings. Not a classic "rental" by any means as most rental companies are very specific as to no weddings without prior approval.

Frangista Beach. If I am remember correctly he bought several of the mini motels and there was a vacant lot in the middle that was turned into a place for weddings and receptions. The large number which were bothering the neighbors.

 

[Miss Kitty]

I was cleaning out my yahoo mail and ran across this. Might be of interest to someone....

http://www.rentaltrends.com/forum/

 

[ShallowsNole]

Now that I'm back, and thinking semi-clearly, I'm not sure exactly what the discussion is about, unless you are thinking about "time" in reference to what constitutes long-term vs short-term. (For tax purposes, long-term is anything over six months. But it's still taxable for the first six months unless there is a specific, qualifying residential lease.)

But, yes, if you offer your home for vacation rentals or any rentals six months or less, you should have the little certificate from DBPR framed and hanging somewhere. You are a business the moment that you allow someone else to occupy your property and you accept money or any other form of compensation from them.

Wedding venues? Ain't going there. Ask DBPR, if you can get through to them. Their Tallahassee call center is (850) 487-1395, and you may expect to be on hold for extraordinary lengths of time. But don't call today, all state offices are closed.