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CAN YOUR ASSOCIATION PROHIBIT OR LIMIT RENTING? PART TWO
By
Eric Glazer, Esq.
Published October 17, 2022
So last
week we spoke about how a condominium may pass amendments to the
declaration which would in effect limit or prevent leasing, but
said amendment would not apply to those who did not vote in
favor of the amendment.
For a
long time, Florida HOAs did not have language in the HOA statute
which said sich an amendment would also not apply to those who
do not vote in favor of such an amendment. So, the law remained
kind of unclear. Well, now the law has been clarified for HOAs
too.
Florida Statute 720.306 states:
(1)(h)1. Except as otherwise provided in this paragraph, any
governing document, or amendment to a governing document, that
is enacted after July 1, 2021, and that prohibits or regulates
rental agreements applies only to a parcel owner who acquires
title to the parcel after the effective date of the governing
document or amendment, or to a parcel owner who consents,
individually or through a representative, to the governing
document or amendment.
2. Notwithstanding subparagraph 1., 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 for more than three times in a calendar year, and such
amendments shall apply to all parcel owners.
3. This paragraph does not affect the amendment restrictions for
associations of 15 or fewer parcel owners under s. 720.303(1).
So
interestingly enough, the statute for HOAs starts off with
language that is similar to condominiums and requires the owner
to consent to the amendment if it is to apply to said owner.
However, as to amendments that prohibit or regulate rentals to a
term of less than six months, or prohibit rentals to no more
than three times in a calendar year, such an amendment will
apply to all HOA owners regardless of how you voted.
This is a
big difference between condos and HOAs. HOA owners are thus
more likely to be subject to rental restrictions that condo
owners are.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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