– Short term vacation rentals are considered residential use of property and do not violate restrictive covenants prohibiting property from being used for business purposes.
– Pre-approval leasing requirements and lease restrictions may not apply to vacation rentals, as they are likely not the same as traditional leases.
– Vacation rentals typically do not require periodic payments like rent, and the use and occupancy is highly limited. 1. Vacation rentals create a transient occupancy, not a landlord/tenant relationship.
2. Florida law prevents local governments from prohibiting vacation rentals.
3. Vacation rental is defined as any unit or group of units in a condominium or cooperative, or a single-family, two-family, three-family, or four-family house or dwelling unit.
4. Florida Courts and Legislature are likely to disfavor homeowner associations prohibiting vacation rentals.
5. In Moss v. Inverness Highlands S. & W. Civic Ass’n, Inc., a restrictive covenant restricting a single-family residence to residential purposes only did not prohibit the owner from opening her home to elderly people for room and board. 1. Florida courts require restrictive covenants to be clear and specific.
2. Associations should have a clear declaration to prohibit vacation rentals.
3. The Florida Legislature disfavors the prohibition of vacation rentals.
4. The prohibition of vacation rentals by an Association may violate an owner’s right to use their property.
5. Owners and Associations should stay informed about case law and statutes related to vacation rentals.
https://www.knott-law.com/can-homeowner-associations-restrict-owners-ability-use-property-vacation-rental/
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