An HOA can restrict short-term rentals under Florida law. Check the recorded documents and the parcel’s governmental rules separately before relying on a rental plan.
Reviewed and corrected October 5, 2026. Original publication date retained.
The HOA exception is important
Section 720.306(1)(h) generally limits application of certain rental restrictions enacted after July 1, 2021 to consenting owners and later purchasers. It also permits amendments regulating rental terms of less than six months and prohibiting rental more than three times in a calendar year, with those amendments applying to all parcel owners. The statute includes additional limitations and ownership definitions.
Do not equate an HOA with a condominium
Different ownership forms have different governing statutes. Have an attorney identify which regime applies and review the declaration, recorded amendments, rules and any pending amendment. A listing’s summary is not a substitute for those documents.
Address-specific verification is necessary
Confirm the actual municipality or unincorporated jurisdiction, zoning, required licenses and approval process with the responsible authorities. Permission under one set of rules does not establish compliance with every other applicable rule.
Before signing
Request the full rental provisions, minimum term, frequency restrictions and approval requirements in writing. Ask whether the intended use complies now and how future amendments could affect it. Do not infer rental permission from nearby advertising.
Frequently Asked Questions
Can a short-term restriction apply to an existing HOA owner?
Yes. Section 720.306 contains a short-term and rental-frequency exception applying to all parcel owners.
Does an HOA’s permission prove local compliance?
No. Verify association and governmental requirements independently.
Talk with our team
Contact MVP Home Group to discuss the property and the next step that fits your plans. For legal, tax, loan or insurance questions, obtain advice from the appropriate qualified professional.
About MVP Home Group
Nelson Cruz, P.A. is the Founder & CEO of MVP Home Group, brokered by Real Broker LLC. He brings nearly two decades in law enforcement to his work in real estate. Contact our team through Nelson’s profile.