If you’ve ever lived in or served on the board of a Florida homeowners association (HOA), chances are you’ve already heard the debates around short-term rentals. You know, the Airbnbs and Vrbo listings that pop up in your community seemingly overnight. For some, they’re a brilliant way to generate income. For others, they’re a threat to peace, property values, and even security. So which is it—community killer or cash cow?
The truth, as with most HOA issues, lies somewhere in between.
Let’s work together to find the right solution. Request a proposal and we’ll walk you through your options with a customized plan tailored to your community’s needs.
Let’s start by understanding why short-term rentals are so appealing in the first place. Florida is one of the top vacation destinations in the country, and platforms like Airbnb and Vrbo make it easier than ever for homeowners to open their doors to travelers. Many owners see the potential to earn extra income, especially during the busy winter season when tourists flock to the Sunshine State. Some even argue that allowing short-term rentals increases their property’s value because it becomes an income-generating asset.
But while one homeowner sees dollar signs, their next-door neighbor might see an unfamiliar car in the driveway, loud music past midnight, or a group of college spring breakers using the community pool like it’s a waterpark.
Security is one of the top issues. When guests are constantly coming and going, it becomes harder to keep track of who actually belongs in the community. Parking headaches often follow, especially if guests don’t understand (or care about) the rules. Then there’s the noise factor, which can turn peaceful communities into something that feels more like a motel.
From an infrastructure standpoint, amenities like pools, gyms, and clubhouses weren’t designed for transient use. Short-term guests might treat common areas with less care than long-term residents, increasing wear and tear. Not to mention the strain on community relationships when homeowners feel like they’re living next to a revolving door of strangers.
Now, legally speaking, HOAs in Florida do have some options—but they’re not unlimited. According to Florida Statute 718.110, associations can amend their governing documents to regulate rentals, but those changes typically only apply to new owners or those who vote in favor, unless the original documents say otherwise.
If you’re on a board and wondering whether you can restrict or ban short-term rentals altogether, the short answer is: maybe. But it depends on how your governing documents are written. That’s why it’s so important to work with a legal expert like Becker & Poliakoff or ShuffieldLowman to ensure you’re interpreting the law correctly.
Even at the state level, Florida has tried to strike a balance. The state allows local governments to regulate short-term rentals but doesn’t let them ban them outright (Fla. Stat. § 509.032). That leaves cities and counties with some room to create permitting systems and zoning rules, like those you’ll find in St. Petersburg or Orlando.
Start by reviewing your current documents. If your declaration of covenants or bylaws are silent on short-term rentals, that might be your first red flag. It’s wise to engage with your community’s attorney or review helpful articles from firms like Pye Law Firm or Jimerson Birr.
If you decide to pursue restrictions, be specific. Define what constitutes a short-term rental—whether that’s less than 30 days or anything under 6 months. Decide whether you’ll allow a certain number of rentals per year or only permit owners to rent after a waiting period. And most importantly, think through how you’ll enforce the rules. Will there be fines? Will you require owners to register their rentals in advance?
Hill Ward Henderson has a great guide on implementing these kinds of policies without overstepping legal boundaries.
Regular communication with homeowners is essential. Many owners aren’t even aware that STRs are controversial until a violation notice lands in their mailbox. Newsletters, board meetings, and even friendly reminders from management can go a long way toward getting buy-in.
If you’re ready to bring clarity to your community’s short-term rental policies, we’re here to help. Request a proposal and let’s protect your community’s future together.
Can a Florida HOA ban short-term rentals completely?
Yes, but only under specific conditions and usually through an amendment to governing documents.
What if the rental restriction was just recently adopted?
It likely won’t apply to owners who bought before the rule unless otherwise stated in your original docs.
Are there statewide rules on STRs in Florida?
Yes, the state allows regulation but not full bans by local governments.
How should HOAs define short-term rentals?
You’ll want clear language that outlines duration, frequency, and registration expectations.
Do these policies affect home values?
That’s debated—some buyers see STR potential as a plus, others see them as a community disruption.
What role does the local municipality play?
Your city may require STR permits or have zoning rules in place.
Can an HOA require rental guests to follow community rules?
Yes, but those rules need to be clearly communicated and enforceable.
Is there an insurance issue with STRs?
Absolutely. Most standard homeowners insurance doesn’t cover short-term rental activity.
How can an HOA legally enforce STR rules?
Fines, amenity suspensions, or legal action are common enforcement methods—always in accordance with your docs.
Where can I learn more about HOA regulations and Florida law?
Start with resources like flsenate.gov, myfloridalicense.com, or the Florida Bar.