RENTAL RESTRICTIONS?

By Jan Bergemann

Published October 21, 2022

 

Many associations scramble to create rental restrictions, especially since many owners discovered that short-term rentals can be very profitable see Airbnb advertising.

 

 But many owners consider short-term renters a nuisance, disturbing the peace in the community.

 

But then the question arises: What can be done and how do we do it?

 

There are a few Rules of Thumb:

  • The amendment restricting rentals has to get the vote of  approval of a super-majority of the membership.

  • Owners, who already rent, are grandfathered in.

  • The amendment has to be recorded in the local court house.

Then it gets down to the details:
 

Do you only want to restrict short-term rentals or do you want to restrict certain long-term rentals as well?

 

Its actually pretty complicated because there will always be some owners who will be vehemently against it no matter what you want to put into the restrictions.

 

In all reality:

  • Make your mind up what you really want to do

  • As a board: Make sure that a majority owners is behind your proposal.

  • Give your proposal to a specialized attorney to create the final wording, oversee the vote and file the amendment, if approved in the local court house.

Lets face it: Nothing comes easy in community associations!


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Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

 

CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.

 

The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

   
We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !


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