Can My HOA Ban Airbnb in Florida? Often, Yes. Here Is How It Works

Short answer: in many communities, yes. Florida law lets a homeowners' association amend its documents to prohibit or regulate rentals of less than 6 months, and that kind of amendment applies to every owner, including owners who bought before the vote. Condominium associations work differently: a new rental restriction applies only to owners who agree to it and to owners who buy after it takes effect.

Not legal advice. Your association's recorded documents control. Read them, and ask an attorney before you rely on any reading of them.

The difference between an HOA and a condo

A short-term rental question in Florida starts with one detail: is your home governed by a homeowners' association (Chapter 720, Florida Statutes) or a condominium association (Chapter 718)? The two chapters treat new rental restrictions very differently.

HOAs: short stays can be limited for everyone

Under section 720.306(1)(h), a governing document or amendment enacted after July 1, 2021 that prohibits or regulates rentals generally applies only to owners who acquire title after it takes effect, or who consent to it. That protects existing owners in most cases.

The same paragraph then carves out short stays. An association may amend its governing documents to prohibit or regulate rental agreements for a term of less than 6 months, and may prohibit renting a parcel more than three times in a calendar year. Those amendments apply to all parcel owners. (Fla. Stat. 720.306)

For a vacation rental owner, that is the key point. Nightly and weekly stays are rentals of less than 6 months, so an HOA vote can reach your home even if you bought years ago.

A few details from the statute worth knowing:

• A normal amendment vote in an HOA is two-thirds of the voting interests, unless the governing documents or the law say otherwise (720.306(1)(b)).
• An amendment takes effect when it is recorded in the county public records (720.306(1)(e)).
• Transfers to an affiliated entity or an heir do not count as a change of ownership for the rental rule (720.306(1)(h)4.). Moving the home into your own LLC does not by itself make you a "new owner."
• Associations of 15 or fewer parcel owners have their own amendment rules under section 720.303(1).

Condos: existing owners keep their rights unless they agree

Section 718.110(13) says an amendment that prohibits renting, changes the rental term, or limits how many times owners may rent during a period applies only to unit owners who consent to the amendment and unit owners who acquire title after its effective date. (Fla. Stat. 718.110)

So if your condo declaration allowed short stays when you bought, a later amendment generally does not take that away from you. It will apply to the next owner, which matters for resale value and for anyone buying a condo to rent.

Restrictions already in the declaration when you bought are a different matter. Many South Florida condos already set minimum stays or rental caps, which is why we keep a guide to Hollywood condos that allow Airbnb.

HOA rules sit on top of city rules

An HOA or condo rule does not replace city and state requirements. A home in a community that allows short stays still needs the state license, tax registrations and any city license or registration. In Hollywood, for example, the City license comes before you advertise (our Hollywood license guide).

Owner checklist before you list

1. Confirm which chapter governs you: HOA (Chapter 720), condo (Chapter 718), or no association.
2. Read the recorded declaration, bylaws and rules for minimum stays, rental caps, registration with the association, guest limits and fees.
3. Ask the association whether any amendment is pending or on a meeting agenda.
4. For an HOA home, plan for change. A short-stay amendment can apply to you, so know your minimum-stay fallback (for example, monthly stays).
5. For a condo, note when you took title compared with the date any rental amendment was recorded.
6. Then do the city and state steps: license, DBPR, Florida sales tax and county tourist tax.

FAQ

Can an HOA in Florida ban Airbnb?

An HOA can amend its documents to prohibit or regulate rentals of less than 6 months, and those amendments apply to all owners under Fla. Stat. 720.306(1)(h)2.

Can my condo association stop me from renting after I bought?

Generally not by a new amendment. Under Fla. Stat. 718.110(13), a new rental restriction applies only to owners who consent and to owners who buy after it takes effect. Restrictions already in the declaration when you bought still apply.

Can an HOA limit how many times I rent each year?

Yes. An HOA may prohibit renting a parcel more than three times in a calendar year, and that applies to all owners.

Does putting my home in an LLC make me a new owner?

Not if the LLC is an affiliated entity or beneficial ownership does not change, under Fla. Stat. 720.306(1)(h)4. The association may ask for documents showing that.

Get help with an HOA or condo home

We read the community rules with you before a home goes live, then handle the licensing steps, guests and home care, for HOA and condo homes across Broward County and Miami. Rated Google 5.0★ and Airbnb Superhost 4.88★. See how we work with owners, or book a call with our team.

Last reviewed October 29, 2026. General information, not legal advice.