Can I airbnb this property?

Question

Any idea how to check zoning for permission to do airbnb? For example in Florida - places like Venice, Sarasota, etc.. if I buy a house, can I rent it out to Airbnb short term stays? what happens if its a part of association? Thanks for your help!

Jon Crosby · Answer

@Alex Kovalenko

I usually start with the city and simply type '<city name> short term rental permit' or
'<city name> short term occupancy taxes'. That will usually get you down the right path to find the answers you need regarding rules and regulations around short-term rentals in a general area. As for HOA, those are all independent and will simply be the first question you have your realtor ask when you find a property you are interested. Be advised, the HOA's have the final power though, so no matter what the city, state, county allows, the HOA can one day vote to ban them and not much you can do in those situations...except convert it to a regular rental...but of course there are rules there as well around rental saturation within communities.

Jed Haslam-Walker · Answer

@Alex Kovalenko Hi Alex,

The restriction on the use of a property for renting is called a lease restriction.

If you’re buying a SFH or a condo for this purpose it will normally be listed on the MLS - there is a specific category for it and Realtors as well as regular agents are encouraged to complete as many categories as possible when listing the property.

Lease restrictions come in all shapes and sizes and are not limited to just HOAs there are lease restrictions on all kinds of properties In FL - like 3 month minimums or one month minimum rental or no more than twice per annum etc.

I have heard of plenty of transactions go through where the buyer was completely unaware that they couldn’t rent the house out until after they had closed - NOT my clients I hasten to add! There are also restrictions on how long you have to live in the house sometimes before it can be rented so the only way to be sure is to have your Realtor check for you. You can call the HOA like @Ian Olmsted mentioned but again a verbal assurance from someone answering the phone is not an adequate protection for your investment - always have it in writing before you proceed.

Just a side note on purchasing HOA properties for investment purposes.. it can be the only way some people get a start in investing and if it is then certainly I would say go for it but it is definitely not advisable to buy an HOA if you can help it at all. A great deal of your cash throw off is subsumed into HOA fees potentially and these fees can change without your permission - additionally special assessments can be levied that can destroy any profit you have and you have no power to stop it - trying to sell a townhome / SFH or a condo with an unexpected special assessment on it or a large improvement project in the community that is projected to hike up the fees next year is challenging.

Investing well necessitates your ability to pivot and retain flexibility to minimize your risk and leverage your asset or liquidate it when you need to - an HOA is not your best route.

The lease restrictions in FL are so widespread because the state needs to provide economic stability to it’s residents because we have the most miles of coastline and therefore vacationers than any other state- if every residence could be rented at will it would obviously reduce the value of the property and precipitate all of the negative consequences of that.

Hope that helps!

Mark Futalan · Answer

@Alex Kovalenko

I’d definitely prefer to stay away from HOA’s as rules can change and you have more restrictions on what you can  and can’t do with your property. I know there are some areas and communities like in Hawaii that are specifically zoned for STR’s and may be in HOA communities but HOA fees are extremely high. So keep that in mind. If you can find a place without all the restrictions, that would be preferable.

Alex Kovalenko · Answer

It almost feels like buying a house outside hoa is much better

Glenna Wood · Answer

HOA docs are filed in the public records if the county is online. Very long slog to read thru them though. And of course these can change any time the HOA so wishes.

Ian Olmsted · Answer

The fastest way is to pick up the phone and ask the HOA if they allow short term rentals.  You don't want to be vague about your plans only to find out later what you're doing is not allowed.  I wouldn't want to be part of an HOA that is not 100% on-board with STR.  It's a great way to get burned!

John Underwood · Answer

Check with counry code enforcement.

Jon Crosby · Answer

Not generally unfortunately, but what you can do is simply go to Airbnb and look for properties near that complex and see if any look like that complex, then you at least know others are doing it and most likely they are approved.

Alex Kovalenko · Answer

@Jon Crosby Amazing thanks! Any way to research HOA policy on airbnbs on their websites? Thanks!

Can I airbnb this property?

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