Can Condo Associations Ban Short-Term Rentals In Florida?

In recent years, short-term vacation rental companies like AirBnB or VRBO have become popular, particularly in tourist destinations like Florida, as an alternative to standard hotels. While they can be extremely lucrative for apartment or condo owners, they tend to have a negative effect on the local community. Because of this, condo associations often wonder what steps they can take to ban the practice.

Why Ban Short-Term Rentals?

Today’s society prioritizes making money above almost anything else, but there are clear reasons why a condo association may want to prevent their owners from turning their unit into an AirBnB or VRBO. Most of them have to do with security and stability: in general, condo residents feel less safe, and social organization is affected, when they see a constant parade of new faces.

Another reason why many condo associations dislike short-term rentals is that in most cases, short-term renters do not have to pay maintenance fees or contribute to the association in any way. This gives them little to no incentive to keep the unit (or the common elements!) in good working order, and while many do anyway, some choose to create chaos.

How To Regulate

The easiest way for a condo association to ban or regulate short-term rentals is to amend the association’s governing documents. While obviously, the law carries more weight than a declaration of condominium, the point remains that a change to the declaration is the most effective way to telegraph the association’s intent on this issue. However, in Florida, doing so may come with a caveat for some unit owners.

After a case in 2002, Florida’s law governing short-term rentals of condominiums was changed to reflect that some people may have detrimentally relied upon the right to rent out their unit; in other words, they purchased their units with the purpose of renting them out, and the change in the law would put them at a disadvantage. What this means is that only owners who have purchased their units after 2002 and consented to the amendment can be bound by it.

Contact A Hollywood, FL Condo Association Attorney

It can be tempting to try and make some extra money by renting out your Florida condo, but it is important to remember that such a decision affects everyone, which is why so many condo associations are regulating the practice. A Hollywood, FL condo association attorney from the Law Offices of Steven A. Mason, P.A. can help answer any questions you may have about the association’s rights and responsibilities. Call our office today to speak to an attorney.

Source:

pmc.ncbi.nlm.nih.gov/articles/PMC8279333/