Vacation rental restrictions by homeowners association

A homeowners’ association (HOA) is typically a non-profit organization establish by a community which governs rules regarding what can and cannot happen in homes, and also determine the money spent on shared property. An HOA is owned by homeowners that live in the same community. Homeowner associations in Miami are incorporated, and are subject to state statutes that govern non-profit corporations.

Some homeowners associations in Miami have vacation rental restrictions outlined in their rules and regulations which apply to all homeowners in that particular community. However, if these regulations do not exist the association may still decide to modify the rules and regulations outline in the HOA documents and ban or implement vacation rental restrictions. Those changes require a significant quorum from homeowners to be effective. Any changes made to HOA rules and regulations are retroactive which means any owner that purchased a home under the assumption that he was able to do short term rentals will still be able to conduct his activity. The new restriction will apply only to buyers that bought after the passing of the ordinance.


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