Renting in an HOA or Condo in Tampa: What Move-In Rules Can the Association Require?

Section 718.112(2)(k) sets a firm ceiling on what a condominium association can charge to approve a sale, lease, or sublease: $150 per applicant, with a husband and wife or a parent and dependent children treated as a single applicant. The fee has to be authorized in the declaration, articles, or bylaws, and it adjusts only once every five years against the Consumer Price Index. A board can't get around the cap by calling the same charge a "screening fee" or "move-in fee" instead.

Florida's HOA statute never sets a matching number. A homeowners' association can charge a transfer or move-in fee only if its declaration authorizes one, and only up to whatever amount the declaration specifies, with no statewide dollar figure underneath it the way Chapter 718 provides. The same subsection that caps the condo fee also authorizes a security deposit, capped at one month's rent and held in escrow specifically against common-element damage, not damage inside the unit itself; no parallel cap exists for an HOA-required deposit, so that amount, too, comes entirely from the declaration.

Section 720.3075(3)(d) gives HOA residents something most general guidance skips over: it bars the association from stopping an owner, or that owner's tenant, guest, or invitee, from parking a personal vehicle, including a pickup truck, in the owner's own driveway. A non-commercial work vehicle gets the same protection; the statute carves out only commercial motor vehicles, as Florida separately defines that term. Condo buildings generally don't have individually owned driveways in the first place; parking there is assigned or common, governed entirely by the declaration rather than by a statutory override like this one. A Tampa tenant renting in an HOA-governed home has a specific statutory parking right that a tenant renting in a condo tower, a few blocks away, simply doesn't have.

This is the point that catches landlords off guard more than any fee or deposit question. Section 715.07 lets a tow happen only when authorized by "the owner or lessee of real property, or any person authorized by the owner or lessee," language that limits an association's towing authority to property it genuinely owns or controls. Many Tampa subdivisions that look and feel like gated HOA communities actually sit on streets dedicated to the city or county as public right-of-way, with the association owning only the landscaping, signage, and common amenities around them. On a street like that, the HOA has no more authority to order a tow than any other private party would, regardless of what its own rules or posted signs claim.

Where the HOA does control the road, either because it's a genuinely private street or because the vehicle is in an assigned or common parking area the declaration governs, the towing statute still applies with real teeth. Because Hillsborough County's population is above 500,000, a vehicle towed from a Tampa property has to be stored within a 10 miles of where it was removed. The towing company has to notify the municipal police department or the sheriff's office within 30 minutes of completing the tow, and the driver who shows up before the vehicle is fully removed can get it back for no more than half the posted towing rate. None of these protections depend on whether the property is a condo or an HOA; they're the same statewide rule either way.

Unlike the fee, deposit, and parking rules above, Florida's emotional support and service animal protections don't depend on which chapter governs the property. Section 760.27 applies to housing providers generally, condo and HOA alike. A person with a disability-related need for an emotional support animal "may not be required to pay extra compensation for such animal," and the association can request only limited documentation: proof of disability when it isn't obvious, proof the specific animal provides needed assistance, and proof it meets licensing and vaccination requirements. An online registration or ID card by itself does not satisfy this. Service animals under Florida's separate definition in Section 413.08 sit outside Section 760.27 and carry their own, generally broader protection.

A lease that simply says the tenant must "comply with association rules" leaves the fee and deposit question unanswered: who actually pays the HOA's move-in charge, and does the landlord advance it and recover it from the tenant, or does the tenant pay the association directly. The same gap applies to a security deposit the association collects separately from the landlord's own deposit under Chapter 83. Spell out, in the lease itself, which deposit is which, who pays each fee, and what the tenant should do if their vehicle is ever towed from a street whose ownership status isn't obvious.

Keep the association's fee and deposit invoice, noting which statute or declaration clause authorized each amount, since that record is what settles a dispute later. If the tenant's vehicle qualifies for the driveway-parking protection or an emotional support animal exemption, keep the supporting documentation with the lease file. If a vehicle is towed, photograph the posted signage immediately and, where possible, confirm whether the street is recorded as public or private, since that single fact decides whether the tow was lawful at all.

Substantive review means an editor or reviewer checked this article against the current statute text. Whether a specific Tampa street is private, association-owned property or a dedicated public right-of-way depends on the recorded plat for that community, not on how the HOA's own rules describe it; verify the specific status, and the current fee or deposit amount, with the managing agent, the county property records, or a Florida community association attorney before relying on this for a specific dispute. This is general information, not legal advice. Corrections: compliance@platuni.com