HOA and condo short-term rental restrictions in Florida

Legal frame: state vs association

• F.S. §509.032(7)(b) (state preemption, since 2011): bars municipalities from banning vacation rentals. They may regulate licensing, taxation, safety, but not outright bans.
• HOAs/condos are private contractual entities, not bound by this preemption — they may ban or restrict STRs in their own docs.
• Any restriction must be in the original Declarations or adopted by amendment (typically 75% unit owner vote, F.S. §718.110).
• A restriction adopted after your purchase may be challengeable if it eliminates an existing use — grandfathered rights under F.S. §718.110(13) for condo; F.S. §720.306(1)(h) similar for HOA.

Common restriction types

• Total ban on rentals < 30 days (common in Naples, Sanibel, some Miami Beach towers).
• Minimum duration: 30, 60, 90, 180 days.
• Max rentals per year: e.g., "max 12 times per 12 months" to discourage frequent Airbnb.
• Board pre-approval before each rental: application, form, fee.
• Tenant background check (fee up to $150 per adult, F.S. §718.112(2)(i)).
• Investor units excluded: some condos designate certain "investor" units as allowed, others not.
• Pet, smoking, event restrictions.

Pre-purchase checks

1. Request the full Declaration of Condominium (or CC&R for HOA) and all amendments.
2. Read the "Use and Occupancy" or "Leasing Restrictions" section.
3. Request written confirmation from the association: "what are current STR rules?" Keep a copy.
4. Check the Q&A document (F.S. §718.504) — mandatory summary.
5. Check the DBPR vacation rental license required at the state level (F.S. §509.241) — separate from private restrictions.
6. If plan = Airbnb: choose a condo with no restriction, ideally explicit "minimum 1 day" or "no minimum" in Declarations.

Violation sanctions

• Fines: F.S. §718.303 (condo) and §720.305 (HOA) allow up to $100 per violation, capped at $1,000 per continuing incident (unless bylaws allow more).
• Lien on the unit after formal procedure (notice + violation committee hearing).
• Lawsuit by association for injunction and damages.
• Suspension of rights: pool/clubhouse use, voting.
• Legal fees: F.S. §718.303(1) lets the association recover attorney fees if it prevails. High financial risk for the owner.

For Canadian snowbird: to rent or not?

• If you don't plan to rent: restrictions don't matter.
• If you plan to rent in offseason (May–Oct) to offset costs: look for associations that allow 30+ day rentals (common limit). Avoid strict bans.
• If you want high-rotation Airbnb: very few FL condos allow it. Prefer single-family homes in municipalities like Kissimmee, Davenport, or Orlando vacation home zones (with DBPR license + local permit).
• Also check F.S. §509.241 (DBPR license, required for < 30-day rentals) and local taxes (Tourist Development Tax, 6%+ Sales Tax).

Formulaires officiels et pages de référence

• F.S. §509.032(7)(b) — Vacation rental state preemption
• F.S. §509.241 — Vacation rental license (DBPR)
• F.S. §718.110 — Amendments to declaration
• F.S. §718.303 — Obligations of owners and occupants
• DBPR — Vacation Rentals Licensing