Rental restrictions are one of the most contentious topics in Florida condominiums. Unit owners who purchased with the expectation of renting face restrictions that may not have existed when they bought. The statute addresses this directly.
The grandfathering rule
Under F.S. 718.110(13), any amendment to the declaration that restricts unit owners' rights to rent their units applies only to:
- Unit owners who consent to the amendment
- Unit owners who acquire their units after the amendment is recorded
This means a rental restriction adopted by amendment cannot be enforced against a unit owner who (a) owned the unit before the amendment and (b) did not vote in favor of it. The restriction applies to all future purchasers of that unit.
What restrictions are permissible
The association may restrict the number of times a unit can be rented per year, the minimum lease term, or require board approval of tenants. The specific restrictions must be in the declaration or an amendment to the declaration. Board-adopted rules alone are generally not sufficient to impose new rental restrictions.
Tenant screening
Under F.S. 718.112(2)(i), the association may screen prospective tenants, but the screening process must be reasonable and applied uniformly. The association may charge a reasonable fee for the screening. The association cannot unreasonably withhold approval.
Check the timeline before enforcing
Before adopting or enforcing a rental restriction, the board should verify: (1) whether the restriction is in the declaration or an amendment, (2) when the amendment was recorded, and (3) whether the unit owner acquired their unit before or after the amendment. Enforcing a restriction against a grandfathered owner exposes the board to legal challenge.
Before adopting or enforcing a rental restriction, the board should verify: (1) whether the restriction is in the declaration or an amendment, (2) when the amendment was recorded, and (3) whether the unit owner acquired their unit before or after the amendment. Enforcing a restriction against a grandfathered owner exposes the board to legal challenge.
Reference summary only. Florida condominium law interacts with your specific declaration, bylaws, and rules. A licensed attorney can advise on how these provisions apply to your association.