HOA changed bylaws to prohibit our Short Term Rental

Member since 2021 · 2 posts · 0 votes

We are in Florida... Anyone have experience with HOA changing bylaws after purchase of property? We have been doing STR for approx one year and we were hoping we would be able to be "grandfathered" if laws change but hearing a lot of mixed messages about the case law so far on this. HOA now will be allowing max 3 rentals per year, which they say avoids the potential "grandfathering" issue. We may try to fight this as we purchased the property specifically because there were no rental restrictions when we purchased, and this will significantly affect our financial situation with the property.

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Chris SeveneyBusiness Member

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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

@Monica Berger

In a community I own in Virginia (golf course community) they just imposed STR restrictions - nothing you can do except bring in a new board to overturn it but that's probably not gonna happen

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
3y
Quote from @Monica Berger:

We are in Florida... Anyone have experience with HOA changing bylaws after purchase of property? We have been doing STR for approx one year and we were hoping we would be able to be "grandfathered" if laws change but hearing a lot of mixed messages about the case law so far on this. HOA now will be allowing max 3 rentals per year, which they say avoids the potential "grandfathering" issue. We may try to fight this as we purchased the property specifically because there were no rental restrictions when we purchased, and this will significantly affect our financial situation with the property.

If the changes were done legally, in accordance with the HOA covenants, you are essentially out of luck. HOA members generally can always change the covenants, according to the process, to meet their current needs as long as it doesn't violate state law.
Your best bet, other than selling, is to go over the changes carefully to ensure they were done properly. If they were not, you could sue the HOA to reverse the changes back to the previous covenants.
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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
3y
@Monica Berger
In a community I own in Virginia (golf course community) they just imposed STR restrictions - nothing you can do except bring in a new board to overturn it but that's probably not gonna happen
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Gustavo Delgado
Houston, TX · Member since 2015 · 261 posts · 170 votes
3y
Normally to change bylaws, there should have been a notice to the community and the item put up for a vote with a certain % voting for it to be amended. That's how I understand bylaws can be changed. Now STR are not very popular with the neighbors so they maybe did get the % of votes needed. If you want to take it up even further, maybe consult with an attorney and sue your HOA.
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Stephen Stone
Rental Property Investor · Pensacola Florida · Member since 2016 · 1 post · 1 vote
2y
If you are in a condo building look at Section 718.110(13), Florida Statutes, provides as follows: “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.”
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