A rental restriction can limit the loan you can use and the rent you can count. Florida law limits how new rental amendments apply to existing owners, but some short term rental limits apply to everyone. Read the governing documents and ask the lender how it treats the restriction before you make an offer.
For homeowners associations, Florida Statutes section 720.306(1)(h) provides that an amendment adopted after July 1, 2021 that prohibits or regulates rental agreements applies only to owners who consent or who acquire title after the amendment. Amendments covering terms of six months or less, or limiting rentals to no more than three times a year, apply to all owners.
For condominiums, section 718.110(13) provides that an amendment that prohibits renting, alters the rental term or limits the number of rentals applies only to owners who consent and owners who acquire title after the amendment. The condominium statute has no six month or three times a year exception.
Because you are a new buyer, an amendment recorded before you buy generally applies to you. That is why you need the current documents, with amendments, before you rely on rent. A lender also needs to know the restriction, because it affects occupancy, rental income and project eligibility.
Florida rental amendment rules in brief
| Association type | When a new rental amendment applies |
|---|---|
| HOA, s. 720.306(1)(h) | Consenting owners and later buyers. Short term limits (six months or less, or more than three rentals a year) apply to all |
| Condominium, s. 718.110(13) | Consenting owners and later buyers. No short term exception in the statute |
Summary only. Have an attorney review your documents.
What to do
- Ask for the declaration and every recorded amendment before you offer.
- Ask the association in writing whether your planned rental use is allowed.
- Give the documents to your lender.
- Have an attorney explain anything unclear.
General information, not legal or tax advice. Confirm with your title company or attorney.
Sources
- Becker, Restricting Rentals in Condominiums and Homeowners' Associations. Section 718.110(13) and 720.306(1)(h) amendment rules. Source type: Secondary. Checked October 17, 2026.
- Becker, Legislature Limits HOA Rental Amendments. July 1, 2021 HOA amendment rule and its exceptions. Source type: Secondary. Checked October 17, 2026.