Short-term rentals are booming across Florida's condo towers and HOA communities — and so are the disputes they cause. Here's what Florida law actually allows associations to do about it, and why the answer is different depending on whether you live in a condominium or an HOA community.
By Eliot B. Dempsey, Esq.
If you've noticed more suitcases in the elevator, more unfamiliar faces by the pool, or a spike in your association's security and insurance costs, you're not imagining it. Short-term rental platforms like Airbnb and VRBO have become a serious governance issue for Florida condominium and homeowners' associations — and board members and owners on both sides of the issue are often surprised by what the law actually permits.
A Common Misconception:
"The City Can't Ban It, So My HOA Can't Either"
Many owners have heard that Florida law sharply limits how much local governments can regulate vacation rentals. That's true, as far as it goes: under Florida Statute § 509.032(7), a city or county generally cannot prohibit vacation rentals outright or regulate how long or how often a property may be rented — unless the local ordinance was already on the books before June 1, 2011 (which is why a handful of municipalities, including parts of Miami Beach and Key West, still have grandfathered restrictions).
But that state preemption applies to local government regulation. It has nothing to do with what a private community association can enforce through its own governing documents. Your city may not be able to ban Airbnb — but your condominium association or homeowners' association may absolutely be able to, if it goes about it the right way. These are two entirely separate legal questions, and conflating them is one of the most common mistakes we see owners and even board members make.
The First Rule:
A Board Rule Is Not the Same as a Declaration Amendment
Under Florida law, there's a critical distinction between a rule adopted by the board and a restriction written into the recorded declaration itself.
Florida courts have made clear that a board-adopted rule cannot override rights that owners already have under the declaration. In Mohnani v. La Cancha Condominium Ass'n, Inc., 590 So. 2d 36 (Fla. 4th DCA 1991), the association's board adopted a rule imposing a two-year post-purchase leasing prohibition — but the declaration itself already permitted leasing after 30 days with board approval. The court struck the rule down, holding that a board rule cannot contravene an express right granted by the declaration.
That's consistent with the broader standard set out in Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. 4th DCA 1981): board rules are tested for reasonableness, while restrictions written directly into the declaration receive a much stronger presumption of validity. In practical terms, this means: if your association wants a short-term rental restriction that will actually hold up, it needs to be adopted as a proper amendment to the declaration, following whatever amendment procedure the declaration itself requires (usually a supermajority vote) — not simply announced as a board policy.
The Second Rule:
Once a Declaration Is Properly Amended, It Can Bind Existing Owners — Sometimes
In Woodside Village Condominium Ass'n, Inc. v. Jahren, 806 So. 2d 452 (Fla. 2002), the Florida Supreme Court upheld a validly-adopted declaration amendment imposing a 9-month minimum lease term against owners who purchased before the amendment passed. The court reasoned that anyone who buys into a condominium takes title with constructive notice that the declaration can be amended down the road, through whatever procedure the declaration itself sets out.
That decision concerned a lot of Florida owners, and the Legislature responded directly.
The Critical Difference Between Condos and HOAs on This Exact Point
This is the single most important — and most overlooked — distinction in Florida short-term rental law, and it depends entirely on whether your community is a condominium or a homeowners' association.
For condominiums, Fla. Stat. § 718.110(13) provides that an amendment prohibiting owners from renting their units, or altering the rental term, or limiting how many times a unit may be rented during a specified period, applies only to owners who consent to the amendment and to owners who purchase after the amendment's effective date. In other words, if you already own your condo unit and you don't vote for a new leasing restriction, it generally cannot be enforced against you — the Legislature effectively reversed the result in Woodside for future condo leasing amendments.
For homeowners' associations, Fla. Stat. § 720.306(1)(h) contains the same general consent/grandfather protection — with one major carve-out. That protection does not apply to an amendment that (1) prohibits rental agreements for terms of less than 6 months, or (2) limits rentals to no more than 3 times per calendar year. Those are, not coincidentally, exactly the kinds of restrictions aimed at Airbnb-style short-term rentals — and HOAs are statutorily permitted to impose them on all existing owners, without their consent, retroactively.
The practical result: an HOA community of single-family homes or townhomes generally has significantly more power to stop existing owners from operating short-term rentals than a condominium association does. If you sit on a condo board hoping to shut down existing owners' Airbnb operations, a new declaration amendment alone may not get you there for anyone who bought before the amendment and doesn't consent. If you sit on an HOA board, the STR-specific carve-out gives you a much more direct path.
What About Restrictions That Just Say "Residential Use Only"?
Many older declarations don't mention short-term rentals or leasing terms at all — they simply say the property may be used only for "residential purposes," or prohibit "commercial" or "business" use. Florida courts have generally been reluctant to read those general provisions as an automatic ban on short-term rentals.
In Santa Monica Beach Property Owners Ass'n, Inc. v. Acord, 219 So. 3d 111 (Fla. 1st DCA 2017), Florida's First District Court of Appeal held that short-term rentals did not violate a deed restriction limiting use to "residential purposes" and prohibiting business or commercial use. The court reasoned that the relevant question is how the property is actually used by the people staying there — for ordinary residential activities like sleeping and eating — not how long they stay or whether the owner profits from renting it out. Restrictive covenants, the court noted, are strictly construed in favor of the free use of property, with any ambiguity resolved in the owner's favor.
The takeaway: if your declaration doesn't specifically address rental terms or short-term/vacation rentals, a generic "residential use only" clause is a weak tool against Airbnb-style rentals on its own. Associations that are serious about restricting short-term rentals need language that speaks directly to minimum lease terms, rental frequency, or short-term rentals by name.
How an Association Actually Enforces a Restriction
Once a valid restriction is in place — whether in the declaration or, for HOAs, adopted under the § 720.306(1)(h) carve-out — Florida law gives associations several enforcement tools:
• Fines, capped under Fla. Stat. § 718.303 (condos) and § 720.305 (HOAs) at $100 per violation, up to $1,000 in the aggregate for a continuing violation, after at least 14 days' written notice and an opportunity for a hearing before an independent fining committee.
• Suspension of the violating owner's right to use common amenities (though not access to the unit or parcel itself, or essential utilities and parking).
• Damages or injunctive relief in court — often the more meaningful remedy for an ongoing, profitable short-term rental operation, since the fine caps are modest by comparison. Fla. Stat. § 720.305 also entitles the prevailing party in enforcement litigation to recover attorney's fees and costs, which cuts both ways for owners and associations depending on who wins.
What This Means for Your Community
If your board is considering a short-term rental restriction, the process matters as much as the substance: a rule alone likely won't survive a challenge, but a properly adopted declaration amendment will — and whether it can bind existing owners depends entirely on whether you're a condominium or an HOA. If you're an owner facing a new restriction, whether and how it applies to you may depend on the same distinction, plus the specific date you purchased.
Either way, this is not a do-it-yourself amendment. Getting the language, the vote, and the recording right the first time avoids a costly do-over — or a fight in court over whether the restriction is enforceable at all.
Frequently Asked Questions
Q: Can my city ban Airbnb in my Florida neighborhood?
A: Generally, no — Fla. Stat. § 509.032(7) preempts most local governments from prohibiting vacation rentals or regulating their duration or frequency, except for ordinances already in effect before June 1, 2011. This state preemption limits city and county regulation; it does not limit what a private condo or HOA association can restrict through its own governing documents.
Q: Can my condo board just adopt a rule banning short-term rentals?
A: Not on its own. Under Mohnani v. La Cancha Condominium Ass'n and the broader Florida case law on board authority, a board rule cannot override leasing or use rights already granted by the declaration. A durable restriction generally needs to be adopted as a proper amendment to the declaration.
Q: If my condo association amends the declaration to ban short-term rentals, does that apply to me if I already own my unit?
A: Under Fla. Stat. § 718.110(13), a new leasing-restriction amendment applies only to owners who consent to it and to owners who buy after its effective date — not automatically to existing non-consenting owners.
Q: Does the same protection apply in an HOA?
A: Only partially. Fla. Stat. § 720.306(1)(h) has a similar consent/grandfather rule, but it does not apply to amendments prohibiting rentals of less than 6 months or limiting rentals to 3 or fewer times per year — meaning HOAs can impose these specific, STR-targeted restrictions on existing owners without their consent.
Q: Is a "residential use only" clause in my declaration enough to stop Airbnb rentals?
A: Not reliably. Under Santa Monica Beach Property Owners Ass'n v. Acord, Florida courts have generally held that short-term rentals don't violate general residential-use-only or no-commercial-use clauses, since the actual day-to-day use by guests remains residential in nature. Restrictions aimed at short-term rentals need to say so specifically.
Facing a Short-Term Rental Dispute in Your Florida Community?
The Dempsey Law Firm represents homeowners against condominium and homeowners' associations, boards, including individual unit and parcel owners in disputes over short-term rental restrictions, declaration amendments, fines, and enforcement actions throughout Miami-Dade, Broward, Palm Beach, and across Florida. Contact us for a free, no-obligation case evaluation: (305) 320-1141 or eliot@thedempseylaw.com.