We just purchased a four-unit apartment building in Madeira Beach. A city representative told me that the property may be "grandfathered" for short-term rentals (less than 3 months) since their records indicate that the previous owners did things on a month-to-month basis. We're looking for an attorney that can help us sort out whether we would be limited to monthly rentals or if we could possibly do shorter, AirBnB-type rentals in some or all of the units. Any ideas?
The City has the final say in the matter. An attorney is likely to tell you to check with the City's Zoning and Code Enforcement Departments.
According to the Tampa Bay Times:
"The only way around the short-term rental ban is if a homeowner can show that their home had been used as a tourist rental prior to the passage of the 2006 ordinance, had been continuously used as a short-term rental since then, have a city occupational license and have paid sales tax on all rental income.
If they cannot do that, and few can, homeowners faces potential fines of $250 a day if they fail to comply."
Unfortunately not. The Florida State Legislature is considering a pair of companion bills in the House and Senate that are intended to, amongst other things, preempt the regulation of vacation rentals to the state, but even if they were to pass, preemption would only apply to municipalities that did not have their own vacation rental regulations in place prior to June 1, 2011. Madeira Beach enacted their vacation rental ordinance in 2006. :(
Wow! The regulations have been around for a long time!
Do these same regulations apply to condos? I see about 20 condos advertised on Airbnb as available for weekend rentals in May and June at the moment.