Can a Florida condo or HOA restrict rentals, and do new rules apply to current owners?

Condominiums: what section 718.110(13) says

A condominium declaration may include covenants and restrictions on the use, occupancy and transfer of units. But under section 718.110(13), an amendment that prohibits owners from renting, changes the allowed rental term, or limits how many times owners may rent during a period applies only to owners who consent to it and to owners who acquire title after the amendment's effective date.

If the documents give the association the right to approve leases, it may disapprove a lease when the owner is behind on assessments. The association may charge a fee for approving a transfer only if its documents provide for one, capped at $150 per applicant (subject to DBPR's periodic inflation adjustment), and it can't charge for renewing a lease with the same tenant. If the documents authorize it, the association may also require a tenant to place a security deposit of up to 1 month's rent in an association escrow account.[1][2][3][4]

HOAs: what section 720.306(1)(h) says

For homeowners' associations, any governing document or amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to owners who acquire title after it takes effect, or who consent to it individually or through a representative.

One exception binds every owner: an HOA may amend its documents to prohibit or regulate rentals for terms of less than 6 months, and may prohibit renting a parcel more than three times in a calendar year. Separate amendment rules apply to associations of 15 or fewer parcel owners.[5]

When does a transfer end the grandfathering?

For HOAs, a change of ownership does not occur when the owner conveys the parcel to an affiliated entity, when beneficial ownership doesn't change, or when an heir becomes the owner; the association can require a certificate and organizational documents to support an affiliated-entity transfer. When the owner is a business entity, a change of ownership does occur once everyone who held an interest when the amendment was enacted conveys that interest to an unaffiliated entity.

In either type of community, a buyer takes title subject to the rental rules already in effect, so someone buying today can be bound by restrictions that a longtime owner is not.[5][1]

How to check before you buy to rent

Rules already in effect when you take title will apply to you, so confirm them before you sign a contract.

• Read the declaration, bylaws, rules and any recorded amendments for minimum lease terms, rental caps and approval requirements.
• In a condo, read the Frequently Asked Questions and Answers sheet, which must describe restrictions on leasing.
• Check the estoppel certificate for whether association approval of a transfer is required.
• Ask a Florida real-estate attorney whether a specific amendment applies to you.[6][3]