KathyF13
Posts: 31
Posts: 31
Posted:
Does anyone know if in Florida you are legally allowed to run an Air BnB out of your property owned in the HOA while your primary address is elsewhere?
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Air_BnB Question
Started by KathyF13 • 13 replies • 360 views
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KerryL1
Posts: 14,519
Posts: 14,519
Posted:
Review the governing documents of that particular HOA, especially the CC&Rs and the Rules & Regs.
In my area of Calif., there are a few municipalities that have strict laws about AirB&Bs, so take a look at that too.
In my area of Calif., there are a few municipalities that have strict laws about AirB&Bs, so take a look at that too.
CathyA3
Posts: 6,286
Posts: 6,286
Posted:
Even if your state's laws allow these things, an individual community's CC&R may forbid them. For example, my state does allow them, but my community's rental restriction prohibits "hotel style" accommodations or rentals shorter than 6 months in length, so Airbnb is a no-go for us.
But you have to look at how your state's laws are written. If the law limits an association's right to limit short term rentals, then the law will override the CC&Rs if the CC&Rs are more strict than what the state law allows.
But you have to look at how your state's laws are written. If the law limits an association's right to limit short term rentals, then the law will override the CC&Rs if the CC&Rs are more strict than what the state law allows.
LoriM15
Posts: 1,008
Posts: 1,008
Posted:
I don't believe it matters where your primary address is as long as you are a legal owner in the community. However, most HOAs and COAs have a restriction on how many rentals per year you can do. For example, our documents require rentals to be at least 90 days and no more than 3 times per year. Plus we have background checks for renters. All of that is allowed per Florida statutes 718 and 720 which govern COAs and HOAs.
In addition, our condo sub-associations have a restriction that you can't rent out your unit for a year (maybe two years - I can't remember) after purchase.
We do look at the airbnb listings every few months to make sure nobody is listing a unit in our community so we do police it.
You really need to read the governing documents for your association.
In addition, our condo sub-associations have a restriction that you can't rent out your unit for a year (maybe two years - I can't remember) after purchase.
We do look at the airbnb listings every few months to make sure nobody is listing a unit in our community so we do police it.
You really need to read the governing documents for your association.
KathyF13
Posts: 31
Posts: 31
Posted:
Our governing documents do not address this issue. Thanks for info all.
DouglasK1
Posts: 2,038
Posts: 2,038
Posted:
To summarize a bit, as far as I know and from the previous posts, there is no Florida state law limiting or disallowing short term rentals.
There may or may not be local city or county laws in your jurisdiction. Breaking these would count as "illegal". In their infinite wisdom, the state legislature has preempted most local government's ability to limit vacation rentals unless they were in place before 2011. See this page for more detail:
https://www.legalscoopswflre.com/zoning/can-your-local-government-ban-short-term-vacation-rentals/#:~:text=Bottom%20Line,frequency%20or%20duration%20of%20rentals.
Your association might have restrictions against short term rentals, but that doesn't make it "illegal", it does make it against association rules, covenants, etc. and depending on your governing docs, possibly enforceable by fines, lawsuit, and maybe other recourses.
As far as I know, most restrictions would be on short (and maybe even long term) rentals and would not be dependent where the owner lived.
There may or may not be local city or county laws in your jurisdiction. Breaking these would count as "illegal". In their infinite wisdom, the state legislature has preempted most local government's ability to limit vacation rentals unless they were in place before 2011. See this page for more detail:
https://www.legalscoopswflre.com/zoning/can-your-local-government-ban-short-term-vacation-rentals/#:~:text=Bottom%20Line,frequency%20or%20duration%20of%20rentals.
Your association might have restrictions against short term rentals, but that doesn't make it "illegal", it does make it against association rules, covenants, etc. and depending on your governing docs, possibly enforceable by fines, lawsuit, and maybe other recourses.
As far as I know, most restrictions would be on short (and maybe even long term) rentals and would not be dependent where the owner lived.
Escaped former treasurer and director of a self managed association.
JohnC46
Posts: 14,230
Posts: 14,230
Posted:
Quote:
Posted By KathyF13 on 06/23/2023 11:57 AM
Our governing documents do not address this issue. Thanks for info all.
Our governing documents do not address this issue. Thanks for info all.
Not yet they do not.
KathyF13
Posts: 31
Posts: 31
Posted:
Hi John, what does your comment, "Not yet they do not." mean?
DouglasK1
Posts: 2,038
Posts: 2,038
Posted:
I assume John meant that your CCRs probably provide a mechanism for being amended, and if enough owners support STR restrictions, they can be added.
If you already have a fair number of STRs, then the ship might already have sailed on meeting the amendment threshold.
If you already have a fair number of STRs, then the ship might already have sailed on meeting the amendment threshold.
Escaped former treasurer and director of a self managed association.
KathyF13
Posts: 31
Posts: 31
Posted:
Makes sense, thanks Douglas.
LetA
Posts: 2,670
Posts: 2,670
Posted:
No covenants will ever stop a homeowne from having an airbnb, but they sure will be enforceable once
the homeowners renters breaks the rules. The AirBnb laws vary between the City of Las Vegas, Unincorporated Clark County
City of Henderson. In the County STR's must get a business license and file with the county, STR's must be 1500 feet from
another STR and STR's are not permitted in HOA's if the covenants restrict rentals.
the homeowners renters breaks the rules. The AirBnb laws vary between the City of Las Vegas, Unincorporated Clark County
City of Henderson. In the County STR's must get a business license and file with the county, STR's must be 1500 feet from
another STR and STR's are not permitted in HOA's if the covenants restrict rentals.
SheliaH
Posts: 6,967
Posts: 6,967
Posted:
AirBnBs are still relatively new and state legislators aren't known for being particularly speedy on certain current issues, Besides, not everything in HOA land needs to be addressed by the state, city or county - your documents should provide some leeway for the board to address emerging issues based on what's happening in its community and homeowner should be communicating with the board on their concerns.
That doesn't mean the board must take on that issue immediately- if enough people express concerns, thatz when the board may want to take a deeper dive to explore the issue.
All of that said, I would hope the board is enforcing community rules consistently and fairly to all homeowners. The trouble with off site owners is that they might not care very much or at all what the short or long term tenants do as long as their check clears. The off site owners need to understand that they are just as responsible for their tenants behavior as everyone else, and it doesn't matter if they live across town or across the country.
Instead, too many seem to treat the association as some sort of defacto property manager who will clean up their poop while they sit on their behind and do nothing - all for tge small price of a monthly or annual assessment. Even as the time and money needed to clean up the poop is well beyond what the association would have to spend on an owner-occupant.
That doesn't mean the board must take on that issue immediately- if enough people express concerns, thatz when the board may want to take a deeper dive to explore the issue.
All of that said, I would hope the board is enforcing community rules consistently and fairly to all homeowners. The trouble with off site owners is that they might not care very much or at all what the short or long term tenants do as long as their check clears. The off site owners need to understand that they are just as responsible for their tenants behavior as everyone else, and it doesn't matter if they live across town or across the country.
Instead, too many seem to treat the association as some sort of defacto property manager who will clean up their poop while they sit on their behind and do nothing - all for tge small price of a monthly or annual assessment. Even as the time and money needed to clean up the poop is well beyond what the association would have to spend on an owner-occupant.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BillD16
Posts: 980
Posts: 980
Posted:
Quote:
Posted By KathyF13 on 06/23/2023 8:43 AM
Does anyone know if in Florida you are legally allowed to run an Air BnB out of your property owned in the HOA while your primary address is elsewhere?
Does anyone know if in Florida you are legally allowed to run an Air BnB out of your property owned in the HOA while your primary address is elsewhere?
Not Florida, I realize, but FYI: the City of Austin seems to have their act together on this: https://www.austintexas.gov/page/types-short-term-rentals
Bill
HOA Board ex-President
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
JohnC46
Posts: 14,230
Posts: 14,230
Posted:
Quote:
Posted By SheliaH on 06/23/2023 3:01 PM
AirBnBs are still relatively new and state legislators aren't known for being particularly speedy on certain current issues, Besides, not everything in HOA land needs to be addressed by the state, city or county - your documents should provide some leeway for the board to address emerging issues based on what's happening in its community and homeowner should be communicating with the board on their concerns.
That doesn't mean the board must take on that issue immediately- if enough people express concerns, thatz when the board may want to take a deeper dive to explore the issue.
All of that said, I would hope the board is enforcing community rules consistently and fairly to all homeowners. The trouble with off site owners is that they might not care very much or at all what the short or long term tenants do as long as their check clears. The off site owners need to understand that they are just as responsible for their tenants behavior as everyone else, and it doesn't matter if they live across town or across the country.
Instead, too many seem to treat the association as some sort of defacto property manager who will clean up their poop while they sit on their behind and do nothing - all for tge small price of a monthly or annual assessment. Even as the time and money needed to clean up the poop is well beyond what the association would have to spend on an owner-occupant.
AirBnBs are still relatively new and state legislators aren't known for being particularly speedy on certain current issues, Besides, not everything in HOA land needs to be addressed by the state, city or county - your documents should provide some leeway for the board to address emerging issues based on what's happening in its community and homeowner should be communicating with the board on their concerns.
That doesn't mean the board must take on that issue immediately- if enough people express concerns, thatz when the board may want to take a deeper dive to explore the issue.
All of that said, I would hope the board is enforcing community rules consistently and fairly to all homeowners. The trouble with off site owners is that they might not care very much or at all what the short or long term tenants do as long as their check clears. The off site owners need to understand that they are just as responsible for their tenants behavior as everyone else, and it doesn't matter if they live across town or across the country.
Instead, too many seem to treat the association as some sort of defacto property manager who will clean up their poop while they sit on their behind and do nothing - all for tge small price of a monthly or annual assessment. Even as the time and money needed to clean up the poop is well beyond what the association would have to spend on an owner-occupant.
WELL SAID.
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