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HOA Rental Amendments

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The Homeowners’ Association Act (Chapter 720, Florida Statutes) was amended during the 2021 Legislative Session to address a homeowners’ association’s authority to adopt amendments to its governing documents pertaining to rentals.  The new law, Section 720.306(1)(h), Florida Statutes, became effective on July 1, 2021.  In summary, any amendment to a governing document enacted after July 1, 2021, that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the amendment, or to a parcel owner who consents, individually or through a representative, to the amendment.

Based on these changes in the law, if a homeowners’ association adopts, for example, an amendment requiring all leases to be at least 12 months, the amendment would only be effective against those who take title after the amendment is recorded in the county’s public records, or owners who voted in favor of the amendment.  However, the law also provides a small carve out to the foregoing.  A homeowners’ association may amend its governing documents to prohibit or regulate rental agreements for a term of less than 6 months and may prohibit the rental of a parcel for more than three times in a calendar year, and those types of amendments would apply to all parcel owners regardless of whether they voted in favor of the amendment or when they took title.

You should always consult with your community association attorney with regard to any amendments.

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