Grandfathering of Rental Restrictions in Condos and HOA’s

By Rob Samouce | Special to Naples Daily News

For many years now, Chapter 718, Florida Statutes has provided that any new rental restrictions approved by the membership of a Condominium as an amendment to the governing documents only apply to those who voted for the amendment or those who obtained title to the unit after the amendment was approved and recorded in the County Public Records.

Section 718.110(14), Florida Statutes, applicable to Condominiums, provides that:  “An amendment prohibiting unit owners from renting their units or altering the duration of the rental period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of the amendment.”

There was nothing similar in the law governing Home Owners Associations’ (HOA’s) when they amended their governing documents to change permissible lease period durations and number of leases per year.  If, the membership properly approved such more restrictive amendments, they applied to all home owners.

This changed effective July 1, 2021 when the Florida Legislature passed Senate Bill 630. Now, for all amendments to HOA’s governing documents enacted after July 1, 2021, more restrictive rental regulations approved by the members will also, like Condos, only apply to a parcel owner who acquires title to the parcel after the effective date of the amendment or to a parcel owner who consented to, or voted to approve, the more restrictive rental regulation. 

 However, there are exceptions to this new regulation in HOA’s.  If the amendment is to prohibit or regulate rental agreements for a term of less than six (6) months and/or prohibits the rental of a parcel for more than three (3) times in a calendar year, then the amendments will apply to…

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