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As condo owner, HOA can’t change the number of days you can rent unit

By ERIC FEICHTHALER - Real Estate Law | Jan 21, 2021

Eric Feichthaler

Dear Mr. Feichthaler:

Hello, you came to me by recommendation from my Realtor. I hope you are available for me to help me with guidance as it pertains to one sticking point on my purchase agreement with a new condominium. My goal with this condominium is be protected with the terms for renting out this property to a minimum rental of at least 7 days. Today the HOA allows 365 rentals annually.

My concern is that when the condominium has to be relinquished from the building owner and developer to the individual property owners, the new board could change my terms as it pertains to how often annually I can rent out this property.

Can you let me know if, in your opinion, I am well protected against future HOA changing my proposed current renting terms. Thank you.

— Mark B.

Dear Mark:

Future condominium boards and owners could place additional limitations on rentals. HOWEVER, the amendment would only apply to unit owners who specifically consent to the amendments. Therefore, as long as you own the condominium, you would have same rental rights you have at purchase. However, if you sold the unit after the rule change was made, the new restrictions would apply to your new purchaser.

So long as you are the owner of the condominium unit, and you do not consent to the change in rules for your unit, you are set. The board and unit owners cannot change the number of days you can rent the unit annually without your agreement.

Eric P. Feichthaler has lived in Cape Coral for over 33 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

Mr. Feichthaler can be reached at eric@capecoralattorney.com, or (239) 542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.