Rental Agreements in Florida HOA

Hi Silvia,

In Florida, rental applicants are generally evaluated based on the criteria in effect at the time of their application. If an applicant submits their application before any changes to the rental criteria, the original standards typically apply to their evaluation. However, it’s essential to review the specific terms outlined in the rental application and any associated agreements, as they may specify which criteria are applicable. Landlords are advised to provide clear and detailed documentation of the rental property screening criteria before starting the application process to ensure transparency and fairness.

As for your second question, if you are referring to the rental agreement talked about under Section 720.306, then amendments to governing documents that prohibit or regulate rental agreements enacted after July 1, 2021, apply only to parcel owners who acquire title after the amendment’s effective date or to those who consent to the amendment. This means that existing owners at the time of such an amendment are generally not subject to the new rental restrictions unless they agree to them.

However, there are exceptions. For instance, an HOA may amend its governing documents to prohibit or regulate rental agreements for terms of less than six months or to limit the number of rentals to no more than three times in a calendar year. Such amendments would apply to all parcel owners, regardless of when they acquired title or whether they consented.