Short-term rentals booked through online platforms are a steady source of questions for Florida community associations. Income is wanted by some owners. Quiet streets and familiar neighbors are wanted by others. Whether rentals may be limited, and against whom a limit may be enforced, is decided by the governing documents and by two Florida statutes.
This article is general information and is not legal advice. The association's attorney should be consulted.
Why Communities Restrict Short-Term Rentals
The reasons given by boards and owners are practical ones:
- Frequent turnover brings more traffic, parking pressure, and noise
- Guests are often unaware of community rules
- Pools, gates, and other amenities receive heavier use
- Insurance and lending reviews may be affected when many homes are used for transient stays
Where the Authority Comes From
A rental restriction must be found in the governing documents. In nearly every case, that means the recorded declaration. A board rule alone is a weak foundation for a limit on how an owner may use a home.
Some associations have relied on a general clause that limits homes to residential use, on the argument that nightly rentals are a business. That question has not been answered the same way in every case, and it should not be relied on without legal advice. An express rental provision in the declaration is the dependable approach.
Local governments are limited by section 509.032(7). A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of their rental, unless it was adopted on or before June 1, 2011. That section is directed at local laws, not at an association's recorded documents.
The Rule for Homeowners Associations
Rental amendments in a homeowners association are governed by section 720.306(1)(h) of the Florida Statutes.
As a general rule, a governing document or amendment that is enacted after July 1, 2021, and that prohibits or regulates rental agreements, applies only to a parcel owner who acquires title after the effective date of the amendment, or to a parcel owner who consents to it.
An exception was written for short-term rentals. An association may amend its governing documents to prohibit or regulate rental agreements for a term of less than 6 months, and may prohibit the rental of a parcel more than three times in a calendar year. Amendments of that kind apply to all parcel owners, including those who owned before the vote.
Two further details are found in the same paragraph. A change of ownership is not treated as having occurred when a parcel is conveyed to an affiliated entity, when beneficial ownership does not change, or when an heir becomes the owner. Separate amendment rules apply to associations of 15 or fewer parcel owners.
The Rule for Condominiums
The condominium rule, in section 718.110(13), is stricter and has no short-term exception. An amendment that prohibits unit owners from renting their units, alters the duration of the rental term, or limits the number of times units may be rented during a specified period applies only to unit owners who consent to the amendment and to unit owners who acquire title after its effective date.
In a condominium, then, a new rental restriction takes hold gradually as units change hands. A restriction that was already in the declaration when an owner acquired title is not affected by this section.
How a Restriction Is Adopted
- The current declaration should be reviewed by the association's attorney to see what is already restricted.
- The goal should be defined: a minimum lease term, a cap on the number of rentals per year, a registration requirement, or a full prohibition.
- The amendment should be drafted by the attorney so that it fits the statute that applies to the community.
- The owner vote required by the governing documents should be obtained.
- The approved amendment should be recorded in the county's public records.
- In communities where consent matters, a record should be kept of which owners consented and when each parcel or unit was acquired.
Enforcing the Restriction
Enforcement works best when it is routine. Leases or guest registrations may be required to be filed with the association where the documents allow it. Online listings can be checked from time to time. When a violation is found, written notice should be sent to the owner, and fines or suspensions should follow the notice and hearing process required by law: at least 14 days' written notice and an opportunity for a hearing before an independent committee.
Owners remain responsible for the conduct of their tenants and guests. Related guidance can be found in our posts on
whether a Florida HOA can evict a tenant and
handling trespassing situations.
Help With Rental Policies
Lease tracking, owner notices, and coordination with association counsel are handled for the communities managed by Condominium Associates. To talk about rental rules in your community,
contact us.
