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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Rental

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Florida HOA’s Can Change Rental Rules

Posted in Association Documents, Rental

Question: Our homeowners’ association would like to change our current minimum rental period, which is only three days, to a thirty day minimum. If we receive a majority vote for making this amendment, do we have to “grandfather” current owners, some of which own for investing and not for personal use? (B.R. via e-mail) Answer: … Continue Reading

Condo Criminal Penalties Bills, Fire Sprinkler Bill, and Estoppel Bill to be Heard in Committee this Week; New HOA Rental Bill—CALL Alert for March 20, 2017

Posted in CALL Alert, Fire Sprinklers, Legislation, Rental, Water Sprinklers

Condo Criminal Penalties Bills Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to… Continue Reading

Florida Associations Should Consider Amending Rental Provisions Now—CALL Alert for January 13, 2017

Posted in Association Documents, Governing Documents, Legislation, Rental

As we start the New Year and the 2017 legislative session, community associations should be reviewing their current rental provisions and deciding whether to propose any amendments to address minimum rental terms. If your association has a problem with short term rentals in the community and would like to adopt amendments to the governing documents… Continue Reading

Privacy Rights Should Be Guarded

Posted in Association Documents, Discrimination/Fair Housing, Rental

Question: Our declaration of condominium documents give the board the right to approve sales and leases. We have no one on our board that has experience in reviewing application information. A former board member, who is also an attorney, helps us review the information we receive. He makes a recommendation as to whether the application… Continue Reading

The Airbnb Phenomenon and What It Means for Your Community Association

Posted in Association Documents, Rental

If your community association is located in or relatively near an area that is attractive to tourists, it is time for your board to start discussing the Airbnb phenomenon and what it might mean in the coming years. Sites like Airbnb, VRBO (Vacation Rentals by Owner), FlipKey, HomeAway, and Roomorama tout the fact  that they… Continue Reading

Community Update 2016, Volume 04

Posted in Common Areas, Community Update, Rental, Safety and security

As summer takes hold, many communities will come to life with BBQs, pool parties, and new residents now that the school year is over and families tend to relocate. In this issue, we look to help Associations navigate the summer waters as smoothly as possible. Summertime Grilling on a Condominium Balcony…Think Again While summer grilling… Continue Reading

Are Criminal Background Checks for New Purchasers and Renters in a Community Association Discriminatory?

Posted in Discrimination/Fair Housing, Rental

This post originally appeared in The Community Association Law Blog. Most community associations screen potential purchasers and potential renters. In fact, when surveyed, many board members state that screening community occupants is one of their primary functions. What is the #1 item that typically presents a red flag on a screening application? If you said… Continue Reading

Does The ADA Apply To Condominiums in Florida?

Posted in Reader Q&A, Reasonable Accommodations or Modifications, Rental

Question: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations? J.B. (via e-mail) Answer: This is an extremely complex area of law. Important additional facts would include when the building was constructed, how many units are rented out on a short term… Continue Reading

SB 356 Not Designed to Change Rental Regulations in Community Associations

Posted in Legislation, Reader Q&A, Rental

Question: In your latest review of the new laws impacting community associations, you mentioned SB 356 and the change to the oversight of vacation rentals. Our community is a mix of condominium and homeowners’ associations, governed by a master board that is regulated by Chapter 720, Florida Statutes. In our governing documents, we each establish… Continue Reading