Can an HOA Restrict Rentals in Florida?

What Florida law says

Florida regulates HOA rental restrictions more intricately than any other state in this set, and the controlling provisions are relatively new. For homeowners associations, § 720.306(1)(h) provides that any governing document or amendment enacted after July 1, 2021 that 'prohibits or regulates rental agreements' applies only to a parcel owner who acquires title after the provision's effective date or who consents to it — individually or through a representative. In plain terms: Florida grandfathered pre-existing owners against new rental restrictions. The statute carves out two exceptions that can apply to everyone: amendments prohibiting or regulating rentals for terms of less than 6 months, and amendments prohibiting rental of a parcel more than three times in a calendar year.

HB 1359, effective July 1, 2024, added a second structural requirement: parcel-use restrictions — including rental bans, caps, and waiting periods — must be adopted as amendments to the governing documents (the declaration), not as board-adopted rules. An HOA that has been enforcing a rental cap purely by board rule is on thin ice; the restriction needs declaration-level adoption with the declaration's required vote. The statute also clarifies that no 'change of ownership' occurs when an owner conveys to an affiliated entity without a change in beneficial ownership, or when an heir takes title — so intra-family and entity-restructuring transfers don't reset grandfathering.

Condominiums run on a parallel track under § 718.110(13): an amendment prohibiting unit rentals, altering rental-term duration, or limiting how many times owners may rent during a specified period 'applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date.' The default amendment threshold, where the declaration is silent, is two-thirds of units, and no declaration recorded after April 1, 1992 may demand more than four-fifths of voting interests (§ 718.110(1)(a)). One more practical tool: when an owner goes delinquent on assessments, both HOA and condo associations can demand the tenant redirect rent payments to the association until the debt is cured (§§ 720.3085(8), 718.116(11)).

• Fla. Stat. § 720.306(1)(h) — HOA rental restrictions enacted after July 1, 2021 apply only to later purchasers and consenting owners; <6-month and 3+/year short-term rules may apply to all.
• Fla. Stat. § 720.306 (HB 1359, 2024) — Parcel-use restrictions (including rental bans/caps) must be adopted as declaration amendments, not board rules; eff. July 1, 2024.
• Fla. Stat. § 718.110(13) — Condo rental-restriction amendments apply only to consenting owners and post-amendment purchasers.
• Fla. Stat. §§ 720.3085(8), 718.116(11) — Associations may demand a delinquent owner's tenant pay rent directly to the association until assessments are cured.

What HOAs in Florida can and can’t do

HOAs generally can:

• Adopt rental bans, caps, and waiting periods — but since HB 1359 (2024), only as amendments to the declaration, not as board-adopted rules (§ 720.306).
• Prohibit or regulate rentals of less than 6 months, and prohibit renting a parcel more than 3 times in a calendar year — these amendments apply to ALL owners, including pre-existing ones (§ 720.306(1)(h)).
• Require tenant screening, written leases, lease copies on file, and board approval processes authorized by the declaration.
• For condominiums, amend the declaration to prohibit rentals or limit rental frequency/term length — applying to consenting owners and post-amendment purchasers (§ 718.110(13)).
• Demand that a tenant pay rent directly to the association when the owner is delinquent in assessments (§§ 720.3085(8), 718.116(11)).

Limits under Florida law:

• Impose a rental ban, cap, or waiting period by board rule alone — HB 1359 requires parcel-use restrictions to be adopted as declaration amendments.
• Apply a post–July 1, 2021 rental restriction to owners who already held title and didn't consent — it applies only to later purchasers and consenting owners (grandfathering under § 720.306(1)(h); condos under § 718.110(13)).
• Treat a transfer to an affiliated entity, an heir, or a no-change-in-beneficial-ownership conveyance as a 'change of ownership' that triggers new rental restrictions (§ 720.306(1)(h)).
• For condos, require more than the declaration's amendment threshold — and no post–April 1992 declaration may require more than four-fifths of voting interests to amend (§ 718.110(1)(a)).

Things to know in Florida

• HB 1359 (2024) killed rule-based rental restrictions: parcel-use limits must be declaration amendments — many HOAs are still catching up.
• Grandfathering is date-driven: post–July 1, 2021 HOA rental amendments bind only later buyers and consenting owners; short-term rules (<6 months, 3+/year) are the exception that binds everyone.
• Affiliated-entity and heir transfers don't reset grandfathering — a deliberate anti-avoidance detail in § 720.306(1)(h).
• Delinquent-owner rent diversion (§§ 720.3085(8), 718.116(11)) lets associations collect rent straight from tenants — a remedy most states don't codify.

Rental rules we’re seeing in Florida

Real examples from the HOA411 database:

• Sunrise Lakes Condominium Apts Phase 1, Sunrise — This ~1,150-unit 55+ community bans leasing outright: Declaration of Condominium, Article XIII, as amended — 'Leasing or renting of units is prohibited.'
• Townhomes of Suntree, Melbourne — A January 2024 association FAQ states flatly 'No rentals/leases allowed' — a hard leasing ban in the governing disclosure for this Suntree sub-association.
• Palm-Aire at Coral Key Apartments Condominium, Pompano Beach — Per the 2026 Rules and Regulations, owners must hold title at least 12 months before leasing; leases run 3 months to 1 year, a $100 processing fee applies, and a 'Desire to Lease' notice is due 10 business days ahead.
• Loggers' Run, Boca Raton — The official community FAQ verifies rentals are allowed — entire home only, no subleasing or room rentals, transient Airbnb/VRBO tenancies prohibited — with HOA approval required.

Frequently asked questions

Can a Florida HOA ban rentals entirely?

Yes, but procedure and timing matter. Since HB 1359 took effect July 1, 2024, a rental ban must be adopted as an amendment to the declaration — a board rule alone is insufficient. And under § 720.306(1)(h), a ban enacted after July 1, 2021 applies only to owners who acquire title after its effective date or who consent to it. Pre-existing owners are grandfathered unless the ban targets short-term rentals.

Are rental caps legal in Florida HOAs?

Yes, as a declaration amendment. The same grandfathering applies: a cap adopted after July 1, 2021 binds only post-amendment purchasers and consenting owners. Caps paired with short-term rental limits are the common structure — for example, banning rentals under 6 months or more than 3 rentals per calendar year, which under the statute can be made to apply to all owners.

Can a Florida HOA require owner occupancy before renting?

Yes, through a declaration amendment, subject to the same grandfathering: a post–July 2021 waiting period binds only later purchasers and consenting owners. Twelve-month title-holding periods before the first lease appear in Florida condo documents. Note the carveout — waiting periods framed as short-term rental regulation (under 6 months) can apply to everyone.

What rental or move-in fees can Florida HOAs charge?

Fees come from the governing documents: application and processing fees, background-check charges, and move-in fees are standard (one Pompano Beach condo charges a $100 lease-processing fee). Florida sets no rental-specific fee cap, but fees must be authorized by the documents. Separately, if an owner falls delinquent on assessments, the association can demand the tenant pay rent directly to the HOA until the balance is cured.

How do I verify rental rules before buying in a Florida HOA or condo?

For HOAs, check the recorded declaration — post-2024, any rental restriction must be a declaration amendment, and anything enacted after July 1, 2021 is grandfathered as to pre-existing owners. For condos, check declaration amendments under § 718.110(13). Also confirm the community isn't relying on an old board rule: HB 1359 made declaration-level adoption mandatory for parcel-use restrictions.

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General information only, not legal advice. HOA rules change — confirm directly with the HOA or a Florida attorney before buying or leasing.