Can a Miami HOA or Condo Association Restrict Long-Term Rentals?
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. Florida condo owners get a real grandfathering right, and it's worth knowing exactly how it works
Section 718.110(13) of the Florida Condominium Act is specific: an amendment that prohibits unit owners from renting their units, changes the duration of the rental term, or otherwise restricts rental rights applies only to owners who consent to the amendment and owners who acquire title after the amendment's effective date. An owner who bought before the amendment and didn't vote for it generally isn't bound by the new restriction, and keeps renting under whatever rules applied when they bought.
This is a meaningfully stronger protection than states where a rental restriction can apply retroactively to every owner regardless of when they bought. It also means a building can end up with two sets of rules running simultaneously, a legacy group of owners still operating under the old terms and everyone else bound by the new restriction, which takes real recordkeeping on the association's part to track correctly.
2. HOA owners don't get the same statutory protection
Chapter 720, Florida's Homeowners' Association Act, governs non-condominium HOA communities, and it doesn't include a provision equivalent to Section 718.110(13). That means a non-condo HOA can generally apply a newly adopted rental restriction to existing owners without the same consent-based grandfathering that protects condo owners under Chapter 718.
3. Amendment thresholds and rental caps are set by the document, not a statewide default
Neither Chapter 718 nor Chapter 720 sets a uniform statewide vote threshold for adopting a rental restriction or a specific numeric cap; both defer to what the individual declaration or bylaws require. In practice, that means the actual bar for adding, removing, or modifying a restriction, and the cap itself if one exists, varies significantly building to building, and has to be confirmed against that specific association's recorded documents rather than assumed from general guidance.
4. Government short-term rental rules and the association's rules are two separate systems
Miami, unincorporated Miami-Dade County, and Miami Beach each regulate short-term rentals differently. Miami-Dade County generally defines a transient rental as a stay of six months or less; Miami Beach defines it as a stay of less than six months and one day. Properties rented more than three times a year for stays under 30 days generally require a Florida Department of Business and Professional Regulation license, and a Miami-Dade County certificate of use is required before a unit can even be advertised on a booking platform, on top of city-level business tax registration and, in Miami Beach, a resort tax certificate. Zoning matters too: short-term rentals are generally allowed in Miami's T4, T5, T6, and CI-HD zoning districts but not in the low-density T3 district, and Miami Beach prohibits them in single-family districts and across much of its multifamily housing stock.
None of that government permission matters if the building's own governing documents say otherwise. Florida's state preemption of local vacation rental ordinances specifically doesn't reach condo and HOA governing documents, so an association can ban or restrict short-term rentals regardless of what the city, county, or state otherwise allows. Miami Beach goes a step further procedurally: it requires a letter from the association confirming that transient rental activity is permitted, dated within 60 days, before the city will issue a short-term rental license, making city approval directly contingent on the association's own sign-off.
5. Rental restriction checklist by scenario
| Scenario | What actually controls |
|---|---|
| Condo owner bought before a new leasing restriction | Check §718.110(13); you may be grandfathered if you never consented |
| HOA owner (non-condo) facing a new restriction | No equivalent statutory grandfathering under Chapter 720 |
| Considering short-term rental | Confirm zoning, county/city licensing, and separately, whether the association allows it at all |
| Miami Beach short-term rental application | Association confirmation letter (within 60 days) is required before city licensure |
| Uncertain whether Chapter 718 or 720 applies | Confirm with the management company; the two statutes handle rental restrictions differently |
6. Documents to pull before you list the unit
Get the current declaration and any amendments directly from the association's management company, along with the vote and consent record if a leasing restriction was added after you purchased, since that record is what determines whether you're grandfathered. Confirm whether the property is governed by Chapter 718 or Chapter 720. If short-term rental is part of the plan, confirm zoning, pull the county certificate of use requirement, and request the association's written confirmation early, particularly in Miami Beach, where it's a hard prerequisite to licensure.
Substantive review means an editor or reviewer checked this article against the current statute text and the cited third-party guidance. Miami, Miami-Dade County, and Miami Beach short-term rental rules change relatively often; verify current zoning, licensing, and association requirements before relying on this for a specific leasing decision. This is general information, not legal advice. Corrections: compliance@platuni.com
Frequently asked questions
If my condo association adds a new rental restriction, does it apply to me?
Only if you vote for it. Florida law generally protects existing condo owners who don't consent to a new leasing restriction, letting them continue renting under the rules that applied when they bought, as long as they didn't vote in favor of the change.
Does the same protection apply to HOA-governed properties?
No, Chapter 720, Florida's HOA statute, doesn't include the same grandfathering provision that protects condo owners under Chapter 718. A non-condo HOA can generally apply a new restriction to existing owners.
Can I run my Miami condo as a short-term rental if the zoning allows it?
Only if the association also allows it. Florida's preemption of local short-term rental rules doesn't reach condo or HOA governing documents, so the association can prohibit short-term rentals even in a zoning district where the city or county otherwise permits them.
What does Miami Beach require before issuing a short-term rental license?
Among other requirements, a letter from the association confirming that transient rental activity is permitted, dated within 60 days of the application, on top of the standard state, county, and city licensing steps.
Is there a statewide minimum lease term for Florida condos?
No, there's no single statewide minimum. Whatever minimum lease duration applies comes from the specific building's declaration or bylaws, though short-term rental activity separately triggers state and local licensing requirements once it falls under certain stay-length thresholds.
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