Can condo associations ban short-term rentals?

On Behalf of | Jan 14, 2025 | Condominiums And Cooperatives |

Miami’s thriving tourism makes short-term rental platforms like Airbnb attractive to condo owners seeking extra income. A vacant condo could earn thousands during peak seasons through vacation rentals. Unfortunately, short-term rentals can also bring in problems.

That’s why many condo associations restrict or ban these arrangements, citing safety or property damage concerns.

What Florida law says about rental restrictions

Florida law allows condo associations to restrict short-term rentals—but only if it’s in their governing documents. The Florida Condominium Act recognizes an association’s right to regulate leasing activities.

These restrictions can’t just be in the board rules, though. Your condo association needs to include them in its Covenants, Conditions, and Restrictions (CC&R) and other legally binding documents.

How associations can enforce rental rules

Your condo association can use several methods to control short-term rentals, including:

These enforcement tools can help you maintain community standards while protecting property values.

A slim possibility of challenging the restriction

If the restrictions exist only in board rules but not in your declaration or bylaws, your condo homeowners may have a chance to challenge the validity. If you plan on correcting this and adding the restriction to your bylaws, follow the rules for doing so. This can help you avoid challenges to your rules and regulations.

Seek legal advice before any bylaw changes

Short-term rental rights involve complex interactions between property rights and community interests. If you plan to add or amend your condo HOA’s rental restrictions, consider consulting a skilled legal professional before doing so. They can review your association’s documents, explain your legal options and help negotiate solutions that work for everyone. Doing this may help you to avoid tension with your homeowners and reach a fair compromise so everyone’s happy.

 

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