You probably didn’t buy your home just to let it sit empty. But if you’re planning to rent it out, especially for short-term stays, your homeowner’s association might try to stop you before you even hand over the keys. And while HOAs in Florida can limit rentals, they don’t have free rein to make up rules — and more importantly, they can’t always apply new restrictions to everyone across the board.
What kind of rental rules can HOAs enforce in Florida?
Florida law allows HOAs to place rental restrictions, but they must follow specific legal steps to change their governing documents, and going through those steps matters. Your HOA can’t simply send out a newsletter saying rentals are no longer allowed; the board must amend the official declaration, hold a proper vote and record the change.
However, the law does make an exception: if the restriction limits leases to less than six months, or if it caps rentals to three times per year or fewer, then the HOA can enforce that rule on all homeowners.
Do new and current homeowners face the same restrictions?
New and current homeowners don’t always face the same rules. If your HOA adopted a rental restriction after you bought your home, they usually can’t enforce it against you unless you signed a waiver or voted to approve the change.
Florida law protects current owners from sudden changes like this, a principle known as “grandfathering.” So, if you bought your home before the restriction took effect and didn’t agree to it, you can typically continue renting under your original terms. However, new buyers won’t receive the same protection, since they accept the updated restrictions when they purchase the property.
What if your HOA fines you or denies a lease anyway?
If the HOA suddenly fines you or refuses to approve your lease, start by checking whether they adopted the rule properly. Look up the date of the change, confirm its place in the official governing documents and compare that to the date you closed on your home.
If the board skipped any steps — or if they apply the rule selectively — you have a legal basis to push back and not follow the restriction. It’s not just about what the HOA says; it’s about whether they followed the law when they tried to enforce the rule.
Know your rights before handing over the keys
Before you rent out your home, take a step back and review the actual documents — not just what your HOA emails you, but what the declaration and amendments say on the record. If something does not add up or if the rules changed after you moved in, the HOA may not have the authority they claim. Florida law protects your right to control your property, but you need to understand which rules truly apply and which ones don’t.
