Florida HOA Rental Restrictions: What Chapter 720 Allows

A Florida homeowners’ association can restrict short-term rentals through its declaration of covenants, and Chapter 720 of the Florida Statutes lets an HOA adopt a ban or limits on rentals shorter than six months that binds every owner, including owners who bought before the vote. Other new rental restrictions bind only consenting owners and later buyers. Before you list a home in an HOA community, read the recorded covenants and every amendment.

What does §720.306(1)(h) say?

§720.306(1)(h), Florida Statutes was added by Chapter 2021-99, Laws of Florida, effective July 1, 2021. It has two main rules, and the second is the one that matters most for vacation rentals.

The general rule, subparagraph 1: a governing document or amendment enacted after July 1, 2021 that “prohibits or regulates rental agreements” applies only to an owner who acquires title after it takes effect, or an owner who consents to it.

The short-term exception, subparagraph 2: “an association may amend its governing documents to prohibit or regulate rental agreements for a term of less than 6 months and may prohibit the rental of a parcel for more than three times in a calendar year, and such amendments shall apply to all parcel owners.”

Type of new HOA rental amendment (after July 1, 2021)	Who it binds
Prohibits or regulates rentals of less than six months	All owners
Prohibits renting a parcel more than three times a year	All owners
Other rental restrictions, such as limits on leases of six months or longer	Owners who consent and owners who buy afterward

For a nightly or weekly rental, that means existing owners have no grandfather protection against a properly adopted short-term amendment.

When does an ownership change happen?

Subparagraph 4 says a change of ownership does not occur when an owner conveys the parcel to an affiliated entity, when beneficial ownership does not change, or when an heir becomes the owner. To be recognized, the entity must give the association a certificate and, on request, its organizational documents.

Subparagraph 5 adds that a change does occur when, for an owner that is a business entity, everyone who held an interest at the time of the amendment conveys it to an unaffiliated entity.

How does an HOA amend its documents?

Unless the documents or the law provide otherwise, §720.306(1)(b) allows amendment by two-thirds of the voting interests. Under §720.306(1)(e), an amendment takes effect when recorded in the county’s public records, and the proposal must show the full text with additions underlined and deletions struck.

The association must send owners copies of a recorded amendment, or notice of it, within 30 days, though a late notice does not invalidate the amendment.

Small associations are different. §720.303(1) says an association of 15 or fewer parcel owners may enforce only the deed restrictions established before each parcel was purchased, and §720.306(1)(h)3 preserves that limit.

How are HOA rental rules enforced?

§720.305(1) says each member and the member’s tenants, guests and invitees must comply with Chapter 720, the governing documents and the association’s rules. The association or any member may sue a tenant or guest who does not.

Under §720.305(2), fines may not exceed $100 per violation, or $1,000 in total for a continuing violation, unless the governing documents provide otherwise. A fine or suspension requires at least 14 days’ written notice of the owner’s right to a hearing before a committee.

If an owner falls behind on assessments, §720.3085(8) lets the association demand that a tenant pay the rent to the association until the debt is paid.

How do HOA rules fit with state and local rules?

The HOA layer sits on top of the DBPR license and any city or county rule. Florida’s limit on local regulation in §509.032(7)(b) applies to local laws, not to private covenants.

Some local rules tie directly to HOAs. On our sourced city pages:

• Celebration has community charter rules that require an initial lease term of at least one year unless the board consents in writing, and bar transient accommodation.
• In Walton County, homeowners’ associations may apply for a community Short-Term Vacation Rental Certificate, as noted on our Rosemary Beach and Miramar Beach pages.
• Doral requires owners to notify any HOA in writing before a short-term rental.
• In unincorporated Polk County, a home can be used as a short-term rental only where the whole subdivision or phase has been approved for it, as described on our Davenport page.

What to check before renting a home in an HOA

1. Get the recorded declaration, all amendments, the articles, bylaws and current rules.
2. Look for minimum lease terms, rental caps, registration and guest rules, and note each amendment’s recording date.
3. Compare the amendment type against the table above to see whether it binds you.
4. Check the city or county rule for the address in our city-by-city guide, and confirm the DBPR license.
5. If the covenants rule out short stays, look at leases of six months or more, which an amendment under §720.306(1)(h)2 does not reach, though other covenant terms may.

How Florida Hosts helps

We read HOA documents before taking on a home and set up licensing and registration: the DBPR license, local registration and tax accounts. Our own cleaning and maintenance staff across Florida handle turnovers, and guests get 24/7 communication. Short-term management is 18–25% of booking revenue, quoted in writing. Where covenants call for longer stays, we manage mid-term and long-term rentals with licensed brokers for the leasing. Get a free rental projection within one business day, or see our pricing.

This guide is general information, not legal advice; HOA documents differ, so have a Florida attorney review yours before relying on any rental right.