What are Florida short-term rentals? A guide for associations

What are Florida short-term rentals?

Florida short-term rentals are generally properties (homes, condos, units, or rooms) rented for fewer than 30 days at a time. Many platforms offer these stays, and some communities see frequent turnover from guests. Florida short-term rentals can affect parking, noise, security, and amenity use, which is why HOAs and condo associations often review their community rules and enforcement processes with care.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Should HOAs allow short-term rentals?

Whether an association should allow short-term rentals requires a thoughtful review of the governing documents, community expectations, and the operational impact of guest turnover. Boards should start by confirming their legal authority and then evaluate how rental activity affects daily operations, enforcement, and resident satisfaction.

Input from owners can help clarify community priorities. A professional property management company like FirstService Residential can assist by tracking rental activity, advising on enforceable procedures, coordinating compliance, and supporting consistent enforcement as the board considers or implements its approach.
 

Pros and cons of short-term rentals

Some communities welcome short-term rentals, while others feel the impact more strongly. A clear view of both sides can help boards understand how rental activity affects daily operations.
 

Potential pros

• Increased flexibility for owners: Owners who want to rent for short periods have more options and may earn income that helps them cover carrying costs.
   
• Higher occupancy in seasonal areas: Units that might sit empty during quiet months may have guests instead, which can help keep units maintained. This also helps with overall activity in lifestyle communities.
   
• Positive exposure for the community: Visitors may decide to buy in the community after staying there, which can support long-term demand.

Potential cons

• Higher use of amenities and common areas: Frequent turnover can increase wear on gates, elevators, hallways, and pools, which may affect maintenance planning.
   
• More administrative work: Staff and managers may spend added time tracking guests, enforcing parking rules, and managing access.
   
• Increased potential for noise or congestion: Guests who are unfamiliar with community rules may cause disruptions if expectations are not clear.

How rental restrictions can affect resale and refinancing

Rental caps can influence lender approvals, since the Federal Housing Administration (FHA), Freddie Mac, and Fannie Mae all consider the owner-occupancy ratio. If the membership of your community isn’t planning to make use of those federal programs, having a rental cap may not matter to your association. Boards should seek guidance from their attorney and professional HOA management company to balance marketability with stability.
 

Transient public lodging establishments vs. vacation rentals

In Florida’s lodging laws, a “transient public lodging establishment” is a place rented more than three times in a calendar year for stays under 30 consecutive days, or advertised as regularly rented for those short stays.

A “vacation rental” is a subset of that category, where certain condos/co-ops and 1–4 family homes that aren’t timeshares meet the definition. This distinction matters because it can change which license you need and what the state charges to apply and renew.
 

Florida’s short-term rental laws

There are a few key short-term rental laws in Florida to know:

• Limits on city/county short-term rental bans: A local government rule generally may not prohibit vacation rentals or regulate the duration or frequency of stays, unless the local rule was adopted on or before June 1, 2011 (Fla. Stat. § 509.032(7)(b)).
   
• State lodging license (DBPR) may be required: Each public lodging establishment must obtain a state license, and operating without one is a second-degree misdemeanor (Fla. Stat. § 509.241(1)).
   
• HOA short-term rental restrictions: An HOA may amend its governing documents to adopt restrictions on rentals under 6 months and/or more than 3 rentals per year that apply to all owners (Fla. Stat. § 720.306(1)(h)2.).
   
• Condo enforcement tools (including guest behavior): Condos may levy fines (up to $100 per violation and $1,000 total) and may suspend certain use rights for an owner’s tenant/guest/invitee after proper notice and a hearing process (Fla. Stat. § 718.303(3)).
   
• HOA enforcement tools (including guest behavior): HOAs may fine an owner or their tenant/guest/invitee (generally up to $100 per violation and $1,000 total) and can suspend common area use rights, but a suspension can’t block ingress/egress or the right to park (Fla. Stat. § 720.305(2)).
   
• Tourist taxes often apply to short stays: Renting “living quarters” for a term of 6 months or less can be a taxable privilege under county tourist development taxes, and the tax is charged/collected by the person receiving the payment (Fla. Stat. § 125.0104(3)(a)1., (3)(f)).

Emergency contact information for guests

Short-term guests may not know evacuation routes or emergency procedures. Boards can request that owners provide reliable contact information for each stay, helping managers reach someone quickly if there is a safety issue. This step also supports hurricane preparation and incident reporting in coastal communities.
 

How boards can create short-term rental restrictions

Boards that want to create or update short-term rental rules must follow the steps in their governing documents. A clear procedure helps the association adopt rules that stand up to challenges and align with Florida law.

1. Review the declaration: The declaration determines whether the board can adopt rental restrictions or whether a membership vote is required. Many communities need an amendment to limit short-term rentals.
    
2. Consult legal counsel early: Counsel can review proposed language and explain how new restrictions may apply to current and future owners.
3. Gather owner feedback: Before drafting changes, many boards hold listening sessions or share surveys to learn how the community views short-term rentals. This helps guide the amendment process.
    
4. Draft clear language: Restrictions should be specific about minimum lease terms, approval procedures, guest registration steps, and enforcement methods. Rules should be easy to understand and apply.
    
5. Follow the correct approval process: Rental restrictions often require a membership vote. The ballot, notice, meeting, and recording steps must match the procedures in the governing documents.
    
6. Record the amendment: In Florida, an amendment is not enforceable until it is properly recorded in the county’s official records.
    
7. Communicate the changes: After recording, boards should notify owners and provide updated documents.
    
8. Apply the rule consistently: Consistent enforcement helps the association maintain the restriction and avoid disputes. Boards should document each step of the approval or denial process.

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves Florida communities with local expertise backed by national resources. Our teams support board members with meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With over 30 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence.

To learn how we can support your association, contact our Florida team today