--- title: "Florida Condo Rental Restrictions for Short-Term Rentals" description: "How Florida condo declarations limit rentals, why §718.110(13) protects owners who did not vote for a new rental ban, lease approval, fees and fines." url: https://floridahosts.com/resources/florida-condo-rental-restrictions/ --- ![Beachfront condo towers on Hollywood Beach, Florida, beside the Atlantic](/images/florida-beach-condo-rentals.webp) Rules & Licensing # Florida Condo Rental Restrictions for Short-Term Rentals How Florida condo declarations limit rentals, why §718.110(13) protects owners who did not vote for a new rental ban, lease approval, fees and fines. 10,000+ guest reviews since 2016 · [Call (321) 321-2348](tel:+13213212348) Free rental projection — about a minute Free, no obligation. Prefer to talk? Call [(321) 321-2348](tel:+13213212348). By the Florida Hosts team · October 13, 2026 · Rules & Licensing In a Florida condominium, the declaration decides whether and how often you can rent, and Chapter 718 of the Florida Statutes sets the ground rules for how those restrictions are adopted and enforced. The key protection is §718.110(13): a new amendment that bans rentals or changes rental terms binds only owners who agree to it and owners who buy after it. Restrictions already recorded when you bought apply in full, so read the declaration before you list a unit. ## Where do condo rental restrictions come from? Rental limits live in the recorded declaration of condominium, the bylaws and the association’s rules. [§718.303(1), Florida Statutes](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.303.html) says every unit owner, tenant and other invitee is governed by and must comply with Chapter 718, the declaration, the association’s documents and the bylaws, “which are expressly incorporated into any lease of a unit.” That means a short-term guest is bound by the condo’s rules even if your listing does not mention them. The same section lets the association or another owner sue a tenant or invitee who fails to comply. Common rental provisions include a minimum lease term, a cap on the number of leases per year, an approval or registration step, and limits on who may occupy the unit. Chapter 718 does not set a statewide minimum lease term for condos. Any minimum comes from the declaration itself. ## How does §718.110(13) protect current owners? [§718.110(13)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.110.html) reads: 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.” In practice: Situation Does the rental amendment bind the owner? You owned before the amendment and voted against it or did not vote No, under §718.110(13) You owned before the amendment and consented to it Yes You bought after the amendment took effect Yes The restriction was in the declaration when you bought Yes, it was never an amendment as to you The protection belongs to the owner, not the unit. A buyer after the amendment takes title subject to it. ## How are condo declarations amended? [§718.110(1)(a)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.110.html) says that if a declaration has no method of amendment, it may be amended with the approval of owners of at least two-thirds of the units. For declarations recorded after April 1, 1992, the declaration may not require more than four-fifths of the voting interests for amendments, with exceptions in subsections (4) and (8). Proposed amendments must show the full text with new words underlined and deleted words struck through, under §718.110(1)(b). When you buy, check the recorded amendments as well as the original declaration. ## Does the association have to approve my rentals? Only if the documents say so. [§718.116(4)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.116.html) applies where “the association is authorized by the declaration or bylaws to approve or disapprove a proposed lease,” and allows disapproval when the owner is delinquent on an assessment when approval is sought. For short stays this matters. An approval step with a waiting period can make nightly bookings impractical even where the declaration does not ban them outright. ## What can the association charge? [§718.112(2)(k)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.112.html) limits transfer fees for a sale, lease or sublease: - A fee is allowed only if the association is required to approve the transfer and the declaration, articles or bylaws provide for a fee. - The fee may not exceed $150 per applicant. Spouses, or a parent and dependent children, count as one applicant. - No fee may be charged to renew a lease with the same tenant. - The cap is adjusted every five years by the Consumer Price Index, and DBPR publishes the adjusted amount. - If the documents authorize it, the association may require a security deposit from a prospective tenant of up to one month’s rent. ## What happens to amenity use and enforcement? Under [§718.106(4)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.106.html), when a unit is leased, the tenant gets the use rights in association property and common elements generally available to owners, and the owner keeps them only as a guest unless the tenant waives them in writing. The association may adopt rules prohibiting dual use. [§718.303(3)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.303.html) allows reasonable fines up to $100 per violation and $1,000 in total, after notice and an opportunity for a hearing, and suspension of common-element use. If an owner falls behind on assessments, [§718.116(11)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.116.html) lets the association demand that the tenant pay rent to the association instead. ## How do condo rules interact with state and city rules? A condo unit rented short term still needs a DBPR vacation rental license, issued as a Vacation Rental – Condominium license. See our [license guide](/resources/florida-vacation-rental-license/). Under [§509.241(2)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599%2F0509%2FSections%2F0509.241.html), the association itself needs no lodging license unless it owns units classified as vacation rentals or timeshares. Some cities build the association into their own process. On our sourced city pages, [Miami Beach](/miami-beach/) requires written authorization from the association for condo units, [Sunny Isles Beach](/sunny-isles-beach/) issues no rental license where the association prohibits short-term rental, and [Miami](/miami/) requires condo and HOA associations to certify its evaluation form. [Destin](/destin/) began requiring annual city registration for condo units rented 180 days or less in 2025. Florida’s limit on local vacation rental rules in [§509.032(7)(b)](/resources/florida-vacation-rental-law-2011-preemption/) applies to local governments, not to condo declarations. ## What to check before you rent a condo unit 1. Read the recorded declaration, every recorded amendment, the bylaws and the current rules for minimum terms, caps and approval steps. 2. Note the date of any rental amendment against your deed date to see whether §718.110(13) protects you. 3. Ask whether the association requires lease approval, a fee or a deposit, and how long approval takes. 4. Check the city rule for the address and whether it requires association sign-off. Our [city-by-city guide](/resources/florida-short-term-rental-rules-by-city/) lists them. 5. If the building has a shared pool, see our [pool safety guide](/resources/florida-pool-safety-for-rentals/), since rental use can affect how the state classifies it. ## How Florida Hosts helps We read the condo documents and the city rule before taking on a unit, and we handle licensing and registration help: the DBPR license, local registration and tax accounts. Our own cleaning and maintenance staff across Florida handle turnovers, and guests get 24/7 communication, which helps keep association complaints down. Short-term management is 18–25% of booking revenue, quoted in writing. Where a building allows only longer stays, we manage mid-term and long-term rentals with licensed brokers for the leasing. Request a free [rental projection](/rental-projection/) within one business day. This guide is general information, not legal advice; condo documents vary, so have a Florida attorney review yours before relying on any rental right. FH Written by the Florida Hosts team We're a vacation rental management company working across Florida. We manage 350+ homes, have earned 10,000+ guest reviews, and bring 10 years of hands-on hosting experience to every guide we publish. [More about Florida Hosts →](/about/) Questions about your specific property? Talk to a real person on our team — straight answers, no scripts. [Call (321) 321-2348](tel:+13213212348) [Get a free projection](/rental-projection/) Free projection · about a minute ## What could your property earn? Tell us about it and we'll build a free, comps-based projection — a real person, not an algorithm, back to you within one business day. Free, no obligation. Prefer to talk? [Call (321) 321-2348](tel:+13213212348) Common Questions ## Frequently Asked Questions Can my Florida condo association ban short-term rentals? The declaration can restrict rentals, and owners can amend it. But §718.110(13) says an amendment that prohibits renting, changes the rental term or limits how often units may be rented applies only to owners who consent to it and to owners who take title after it takes effect. Restrictions already in the declaration when you bought apply to you. Does a condo association have to approve my tenants? Only if the declaration or bylaws give it that power. Where they do, §718.116(4) lets the association disapprove a lease when the owner is delinquent on assessments at the time approval is sought. How much can a Florida condo association charge to approve a lease? Section 718.112(2)(k) allows a fee only when the association is required to approve the lease and the documents provide for a fee. The fee may not exceed $150 per applicant, adjusted every five years for inflation, and no fee may be charged to renew a lease with the same tenant. Can my guests use the condo pool and gym? When a unit is leased, §718.106(4) gives the tenant the use rights in common elements and association property generally available to owners, and the owner keeps them only as a guest unless the tenant waives them in writing. The association can adopt rules to prohibit dual use by owner and tenant. Can a condo association fine me for a guest's violation? Yes. Section 718.303(3) lets the association levy reasonable fines against the owner or occupant, up to $100 per violation and $1,000 in total, after notice and a chance for a hearing. It can also suspend use of common elements for violations. Looking for more owner guides? [← Back to all resources](/resources/) [See our pricing](/pricing/) [Get my free projection](/rental-projection/) Related guides ## Keep reading [Rules & Licensing ### Florida HOA Rental Restrictions: What Chapter 720 Allows How Florida HOA covenants can limit short-term rentals under §720.306(1)(h), which owners a new rental amendment binds, and the fines that apply. Read the guide →](/resources/florida-hoa-rental-restrictions/) [Rules & Licensing ### Florida Local Business Tax Receipts for Rental Properties How Florida county and city business tax receipts work for vacation rentals under Chapter 205: the September 30 deadline, penalties and county examples. Read the guide →](/resources/florida-local-business-tax-receipt/) [Rules & Licensing ### Florida Pool Safety Rules for Vacation Rental Homes What Florida's pool safety act requires of new residential pools and spas, how it treats existing pools, and when a rental pool falls under health rules. Read the guide →](/resources/florida-pool-safety-for-rentals/) ## See what your home could earn Get a free, no-obligation rental projection from people who actually manage homes in your neighborhood. [Get my free projection](/rental-projection/) [or call (321) 321-2348](tel:+13213212348) Free · comps-based · delivered within one business day.