What Property Owners Need to Know About Airbnb Leasing & Rental Restrictions

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Transcription:

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Hey everybody, Michael Mayoral from the law firm of Perez Mayoral PA. As you may know, we represent homeowners against their condo associations and HOAs across the state of Florida. And the topic of this video is something that’s very common. It’s leasing and rental restrictions on units. Many times people call us and they tell us that I’ve owned my unit for a while and all of a sudden the board told me I can’t rent my unit anymore or all of a sudden the board tell me I can’t do Airbnb or short-term

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rental in my unit. What you need to know is that there are two very specific laws that offer protections in these areas. With regard to condominium associations, the statute you’re going to want to look at is Florida statute 718.110 subsection 13. And what that law says is that any rule by a condo association, whether that be in the governing documents or otherwise, that restricts your ability to rent a unit or which tries to set the duration of how long you could rent a unit or try to limit

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the frequency of how much you could rent a unit within a set period. only applies to people who either consented to the rule or amendment or acquired title after the amendment was in place. What does this mean practically? If you bought your unit in 2020 and in 2024 the board passed a new rule to say no short-term rental, no Airbnb, no rental at all or limiting the amount of times you can rent a unit. That rule only applies to you if you either consented to the amendment, you voted for it maybe

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in favor of it or you bought title after it was put in place. So essentially, for lack of a better term, in most of these situations in condo association, unit owners are grandfathered in. If when they bought their unit, the leasing rules allowed short-term rental, then they continue to have the ability to do that unless they consent to a rule change within the HOA world. And remember, HOAs are different from condo association. The statute on point is going to be Florida statute 720.306. And it’s a little bit different.

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Essentially, it has the same rules about applying restrictions that were put in place after someone bought a unit, but it applies only to rules that were put in place after July 1st of 2021. There are a lot more exceptions. It’s a little bit more complicated. Ultimately, if you or someone you know owns a unit and the association has tried to stop them from leasing their unit, it’s a very serious issue financially. It can cost tens of thousands of dollars in damages and it’s usually definitely worth somebody hiring

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an attorney to try to invalidate that rule change and get their unit back on the market. So, if you’re facing a rule change from an association as to rental or leasing, don’t just accept it. Find out when the rule was placed in, when you acquired title, what law applies, and if you’re having trouble and you need assistance, our firm is here. We represent homeowners against their HOAs and condo associations throughout the state of Florida. We strike down these rentals restrictions. I would say about

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once a month we get a case like this where we’re striking down these rental restrictions. So, it’s very common. It’s happening all over the state of Florida and we’re very happy to help anybody facing the situation.