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ARTICLE · 13 NOVEMBER 2020

Limits On Amending Rental Rights

Becker & Poliakoff
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Chapter 718 of the Florida Condominium Act ("Act") does not limit the number of units that can be rented in a condominium association.

United StatesReal Estate and Construction
Joseph E. Adams
Joseph E. Adams

Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail)

A: Chapter 718 of the Florida Condominium Act ("Act") does not limit the number of units that can be rented in a condominium association. Therefore, any limitation on rentals would be in the condominium documents. However, if the condominium documents do not contain rental restrictions, there are limitations on the ability of the association to adopt new rental restrictions. Section 718.110(13) of the Act states, "[a]n amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of

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