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Florida HOA Tests Rental Statute 718.110(13)

Started by JeanK2 • 10 replies • 7221 views

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JeanK2 (Florida)
Posts: 4
Posted:
A new Florida statute 718.110(13) was clarified in July 2010 to it's current state to protect unit owner rights to rental. The statute says unit owners may not be prohibited from rental of their units. However, with the stress of Florida economic conditions, one Florida HOA that previously allowed owners to select their rental management company, passed a new HOA Amendment that restricts unit owner rentals to the HOA sponsored (developer owned) in house for profit Rental Management Company.

Can a HOA that passes an Amendment to limit owner rentals to it's mandated rental agency meet the test of 718.110(13) statute?
TimB4 (Tennessee)
Posts: 21,046
Posted:
Jean,

What is the exact langauge of the amendment?
When was it adopted?
(expecting you own a unit in the complex) did you purchase the unit before or after the amendment?

For those unaware, FL 718.110.13 reads:

"(13) Any amendment restricting unit owners' rights relating to the rental of units applies only to unit owners who consent to the amendment and unit owners who purchase their units after the effective date of that amendment."
TimB4 (Tennessee)
Posts: 21,046
Posted:
oops, I provided a link to an outdated version of the statute. Sorry about that.

Here is the correct link (to the most updated version): 718.110

Here is the most language of 718.110(13) that is in the latest version:

"(13) An amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment."
PeterD3 (Florida)
Posts: 708
Posted:


718.110(13) only contains 3 elements to be enforced on consent or date of purchase.

It prohibits condo amendments that:
>prohibit unit owners from renting the unit,
>alters the duration of the rental term,
>specifies or limits the number of times a unit owner is entitled to rent during a specified period of time.

Sorry, there is no protection provided for rights to pick a mangement company.
JeanK2 (Florida)
Posts: 4
Posted:
Virginia
We purchased multiple condo units in 2007. At that time the declaration allowed use of any rental company including self rental. We as the unit owners rented our own units via our website. In late 2011 the HOA amended the declaration to ONLY allow unit owner rental via the HOA sponsored rental co.

So as unit owners whom were personally renting our own units, can we be forced to stop renting ourselves?
Your thoughts?
JeanK2 (Florida)
Posts: 4
Posted:
Peter
Does your response change with the following clarification?

We purchased multiple Florida condo units in 2007 that are governed by statute 718. At that time the declaration allowed use of any rental company including self rental. We, as the unit owners, rented our own units via our website. We continued for the past two years successfully. In late 2011 the HOA amended the declaration to ONLY allow unit owner rentals via the HOA sponsored rental co.

So as unit owners whom were personally renting our own units, can we be prohibited from renting ourselves and be forced to rent with the HOA sponsored rental management (who by the way is the developer in control)?
Your thoughts?
TimB4 (Tennessee)
Posts: 21,046
Posted:
Jean,

This is a tough one. Based on the 2007 language in the statute (the one I had first posted) I would have said no. However, based on the latest version, I honestly don't know.

Can you provide the exact language of the amendment (leaving out any references to names of companies, etc.)?

Thanks,

Tim (I'm in Virginia)
PeterD3 (Florida)
Posts: 708
Posted:
My opinion is unchanged.

I'm sure you familiar with the hierarchy of laws, rules, etc.

As a group the Condos' docs are the lowest on the 'totempole' sort-of-speak.

Having said, they are the first place to look for your governance.

An ammendment was passed by the association which is not in conflict with (any?) the statute cited.

Since 718.110(13) is silent on the issue I see no relief.
DonaldM7 (Florida)
Posts: 20
Posted:
Our Florida HOA HAS nothing in the doc’s pertaining to the rental of a home (townhouse). The board is considering changing this with some off wall suggestions. I have read in 718.110(13) for CONDO’s that the present owners who are renting would be exempt unless they choose to. Is there somthing similar for an HOA.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Donald,

It's best to start a new thread (simply click on "add new topic") vs. restarting an older thread.

This is because laws change and what may have been good advice in 4 years ago may be bad advice today. This can cause confusion and potential issues for those who don't catch the date.

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