So last week we spoke about how a condominium may pass amendments to the declaration which would in effect limit or prevent leasing, but said amendment would not apply to those who did not vote in favor of the amendment.

For a long time, Florida HOAs did not have language in the HOA statute which said sich an amendment would also not apply to those who do not vote in favor of such an amendment.  So, the law remained kind of unclear.  Well, now the law has been clarified for HOAs too.

Florida Statute 720.306 states:

(1)(h)1. Except as otherwise provided in this paragraph, any governing document, or amendment to a governing document, that is enacted after July 1, 2021, and that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the governing document or amendment, or to a parcel owner who consents, individually or through a representative, to the governing document or amendment.

2. Notwithstanding subparagraph 1., 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.

3. This paragraph does not affect the amendment restrictions for associations of 15 or fewer parcel owners under s. 720.303(1).

So interestingly enough, the statute for HOAs starts off with language that is similar to condominiums and requires the owner to consent to the amendment if it is to apply to said owner.  However, as to amendments that prohibit or regulate rentals to a term of less than six months, or prohibit rentals to no more than three times in a calendar year, such an amendment will apply to all HOA owners regardless of how you voted.

This is a big difference between condos and HOAs.  HOA owners are thus more likely to be subject to rental restrictions that condo owners are.

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