Understanding Rental Rights, Grandfathering, and the Limits of Board Authority
Provided by Perez Mayoral, P.A. – Florida attorneys representing homeowners and condo owners in disputes with their associations
If you own a condominium or a home in an HOA community in Florida, you may have received a letter from your board saying something like this:
- “The association has amended its rental restrictions. All units are now subject to the new rules.”
- “You cannot rent your property for less than one year.”
- “Rental applications are no longer being approved.”
Many owners assume the board has unlimited authority to change the rules. That assumption is wrong.
Florida law treats leasing rights as vested property rights that cannot be taken away retroactively without your consent, except in very limited circumstances. Associations frequently misapply these statutes, enforce restrictions that don’t legally apply to existing owners, or selectively enforce rules in ways that violate the law.
This guide explains how condominium and HOA lease restrictions actually work under Florida law, what associations can and cannot do, and what your rights are if your board is trying to block you from renting your property.
Why Lease Restrictions Are Heavily Regulated in Florida
Lease restrictions directly affect:
- Your property value
- Your financing options
- Your ability to use or monetize your property
- Your rights as an owner
Because of that significant impact, the Florida Legislature has placed strict guardrails on how and when associations may limit leasing. These aren’t just “use rules” that boards can change at will—they’re restrictions on fundamental ownership rights.
When you purchased your property, you acquired certain rights based on the governing documents in effect at that time. Florida law protects those rights from being retroactively eliminated by amendments passed after you became an owner.
Condominium Lease Restrictions: Florida Statute 718.110(13)
Condominium rental restrictions are governed by Florida Statute 718.110(13).
This statute applies when a condominium association adopts an amendment that:
- Prohibits unit owners from renting their units
- Alters the duration of a rental term (e.g., imposes minimum lease periods)
- Specifies or limits how often a unit may be rented during a specified period
The Statute Is Crystal Clear
These types of amendments apply only to:
- Unit owners who consent to the amendment, and
- Unit owners who acquire title to their units after the effective date of the amendment
What This Means for You
If you owned your condominium unit before the rental restriction was adopted and you did not consent to it, the restriction generally cannot be enforced against you.
This protection is broad. It applies to:
- Complete rental bans
- Minimum lease terms (e.g., “no rentals shorter than one year”)
- Caps on the number of rentals per year
- Any other limitation on your ability to lease
Associations cannot retroactively rewrite the ownership rights that existed when you purchased your unit.
Consent Must Be Actual Consent
This is a critical issue that associations frequently get wrong.
The following do NOT constitute consent:
- Paying your assessments
- Complying with other unrelated rules
- Remaining silent when the amendment was passed
- Not objecting at a board meeting
Whether an owner actually consented is a fact-specific and legally significant question. Many disputes turn on this precise issue.
Florida Statute 718.110(13) is one of the strongest owner protections in condominium law—and it is frequently ignored or misapplied by boards and management companies.
HOA Lease Restrictions: Florida Statute 720.306(1)(h)
Homeowners associations operate under a different statute with a more complex framework.
Florida Statute 720.306(1)(h) applies to governing documents and amendments enacted after July 1, 2021.
The General Rule for HOAs
The general rule mirrors the condominium statute:
Any HOA governing document or amendment that prohibits or regulates rental agreements applies only to:
- Parcel owners who acquire title after the effective date, or
- Parcel owners who consent to the amendment
But HOAs Have Two Specific Exceptions
Unlike condominiums, HOAs are permitted to adopt certain rental restrictions that apply to all owners, including those who owned their property before the amendment.
An HOA may amend its governing documents to:
- Prohibit rental agreements for a term of less than six months
- Prohibit renting a parcel more than three times in a calendar year
These two restrictions—and only these two—may be applied retroactively to all parcel owners.
What HOAs Cannot Do Retroactively
These are narrow exceptions. Associations frequently overreach by attempting to impose broader restrictions under the guise of this statute.
Florida law does NOT allow HOAs to retroactively impose:
- Total rental bans
- Minimum lease terms longer than six months (e.g., one-year minimums)
- Caps stricter than three rentals per year
- Any additional rental limitations beyond what the statute expressly authorizes
If your HOA is trying to enforce restrictions beyond these two specific categories against owners who purchased before the amendment, they are likely exceeding their statutory authority.
Small HOA Exception
The statute also preserves separate amendment restrictions for associations with 15 or fewer parcels under Florida Statute 720.303(1). These smaller associations operate under different rules, and boards often overlook or misunderstand how those provisions affect their amendment authority.
What Counts as a “Change of Ownership”?
Associations often argue that rental restrictions apply because there was a “change of ownership.” Florida law carefully defines when that is true and when it is not.
A Change of Ownership Does NOT Occur When:
- A parcel is conveyed to an affiliated entity
- Beneficial ownership of the parcel does not change
- An heir becomes the parcel owner
Affiliated entities include:
- Entities that control, are controlled by, or are under common control with the parcel owner
- Successor or parent entities created through merger, reorganization, or similar transactions
In these situations, your protected status typically remains intact, provided proper certification is supplied to the association.
A Change of Ownership DOES Occur When:
For business entity owners, a change of ownership occurs when every person who owned an interest in the real property at the time the amendment was enacted conveys their interest to an unaffiliated entity.
Why This Matters
These distinctions are especially important for:
- Real estate investors
- Estate planning transfers
- Entity-owned properties (LLCs, trusts, corporations)
Many owners are incorrectly told they’ve lost their grandfathered status when they transfer property to a family trust, LLC, or heir. In many cases, Florida law protects those transfers.
Common Errors Associations Make With Lease Restrictions
In practice, associations frequently:
- Apply new rental restrictions to all owners regardless of purchase date
- Treat silence as consent
- Deny leases based on rules that do not lawfully apply to existing owners
- Impose restrictions broader than the statute allows (especially common in HOAs)
- Ignore affiliated entity and inheritance protections
- Enforce restrictions selectively or inconsistently
Each of these issues can expose an association to:
- Legal challenges
- Injunctive relief requiring them to approve your lease
- Liability for your attorneys’ fees under Florida’s prevailing party statutes
What You Should Do If Your Association Denies Your Lease Application
- Determine When You Acquired Title
The key question is: Did you own your property before the rental restriction was enacted?
If yes, the restriction likely doesn’t apply to you (with the two limited HOA exceptions noted above).
- Review the Exact Language of the Amendment
Get a copy of:
- The recorded amendment creating the rental restriction
- The effective date of that amendment
- Your deed and closing documents showing when you acquired title
- Determine Whether You Ever Consented
Review whether you:
- Voted in favor of the amendment
- Signed a written consent or waiver
- Took any affirmative action agreeing to the restriction
Remember: Silence, paying assessments, and general compliance are NOT consent.
- Understand Your Entity Status (If Applicable)
If you own through an LLC, trust, or corporation:
- Determine whether any transfers were to affiliated entities
- Gather documentation showing continuity of beneficial ownership
- Prepare certifications as required by statute
- Respond in Writing
Do not let the association’s denial go unchallenged. Respond in writing:
- Cite the specific statute (718.110(13) for condos; 720.306(1)(h) for HOAs)
- State when you acquired title
- State that you did not consent
- Demand approval of your lease application
- Keep copies of everything
- Do Not Sign Waivers or Settlements Without Legal Review
Associations sometimes offer to “grandfather” you in exchange for signing documents that waive future rights or impose additional conditions. Get legal advice before signing anything.
How We Handle Lease Restriction Disputes
At Perez Mayoral, P.A., we represent homeowners and condominium unit owners only. We do not represent HOAs or condominium associations.
When lease restriction disputes arise, we focus on:
- The timing of your ownership
- The effective date of the amendment
- Whether valid consent exists
- Statutory compliance
- The precise language of the governing documents
Many disputes turn not on whether a board prefers a restriction, but on whether it can lawfully enforce that restriction against a particular owner.
We regularly challenge:
- Improper denials of lease applications
- Retroactive application of rental restrictions
- Selective enforcement that violates Florida law
- Fines and penalties imposed for lawful leasing activity
Key Legal Takeaways for Florida Owners
- Rental rights are vested property rights, not privileges. They cannot be taken away by rule changes applied after you purchased, except in very limited circumstances defined by statute.
- For condominiums, section 718.110(13) provides broad protection. If you owned before the amendment and didn’t consent, rental restrictions generally cannot be enforced against you.
- For HOAs, section 720.306(1)(h) has two narrow exceptions. HOAs can retroactively impose six-month minimum lease terms and three-rental-per-year caps, but nothing more restrictive.
- Consent must be actual, affirmative consent. Silence is not consent. Paying assessments is not consent.
- Transfers to affiliated entities, heirs, and certain family trusts do not trigger a change of ownership that would subject you to new restrictions.
- Selective or inconsistent enforcement violates Florida law and can form the basis for legal challenges.
- Associations that wrongfully deny leases can be liable for your attorneys’ fees if you prevail in court.
Final Thoughts
Rental rights are not a courtesy granted by an association. In Florida, they are protected property rights that cannot be taken away by rule changes applied after the fact, except in very limited circumstances defined by statute.
If your association is attempting to prohibit or restrict leasing, understanding whether the restriction lawfully applies to you is the first step. Many owners are told they have no options when, legally, they do.
Don’t let your board violate your rights or mislead you about what Florida law allows. If you’re facing a lease restriction dispute, we can help you understand your rights and fight for them.
Need Help?
If your association is attempting to block you from renting your property and you believe the restriction doesn’t legally apply to you, Perez Mayoral, P.A. can help.
We represent homeowners and condo owners throughout Florida in disputes with their associations, including challenges to unlawful lease restrictions, wrongful denials of rental applications, and selective enforcement.
Contact us:
🌐 Website: www.pmlawfla.com
📞 Phone: 305-928-1077
✉️ Email: info@pmlawfla.com
This guide is for informational purposes and does not constitute legal advice. Every case is different, and you should consult with an attorney about your specific situation.
