Question:
Good morning.
For a house located in Port St Lucie, Manderlie; do we need HOA approval for rentals? If so, would you please email me the conditions to rent? Also, how can I obtain a copy of the docs?
Thank you!
– Martha
Answer:
Hi Martha,
Homeowners associations do have a right to regulate rentals in the community. That includes setting rules and procedures for approvals. Each association will have its own set of rental rules, so it’s best to check your bylaws or CC&Rs to know the exact restrictions in your HOA. You can obtain a copy of these documents by sending a written request. Section 720.303 of the Florida Statutes requires associations to respond and make records available for inspection within 10 business days of the receipt of a written request.
That being said, it’s worth noting that Florida did make amendments to Section 720.306 under subsection (h). According to this, any amendments to an association’s governing documents made after July 1, 2021, including more restrictive rental regulations, will only apply to homeowners who bought their homes after the effective date of the amendment or to homeowners who voted for or consented to the amendment.
The exception to this, though, is if the rental restriction amendment is to prohibit or regulate rental terms of less than 6 months or rentals for more than 3 times in a calendar year. In such cases, the amendment will apply to all homeowners.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
