My HOA just banned short-term rentals — what are my options?

Category: Legal & Regulations

By: Camille Dubois

Posted: 2026-01-10T22:40:09.856Z

Just received a letter from my HOA: effective January 1st, all rentals under 30 days are prohibited. I've been running my STR for 2 years with no issues. This new rule was passed by the board without a full owner vote. Do I have any recourse? I'm in Florida where STR rights have been a legal battleground.

Reply by Chris Nakamura:

This is happening to hosts across the country. Here are your options, roughly in order of practicality: **1. Review the HOA's authority to enact the restriction:** - Check your CC&Rs (Covenants, Conditions & Restrictions) — the original governing documents. If the CC&Rs explicitly permit short-term rentals, the board may not have authority to override them with a rule change. - Many states require a SUPERMAJORITY (67-75% of all owners, not just the board) to amend CC&Rs. A board-only decision may be invalid. - Hire a real estate attorney specializing in HOA law to review the documents. ~$500-1,000 for a legal opinion. **2. Florida-specific protections:** - Florida Statute 720.306 limits HOA's ability to restrict property rights without proper owner vote. - "Grandfathering" — some courts have held that if you were operating before the restriction, you have a right to continue. This varies by jurisdiction. - Florida's legislature has been actively considering STR preemption bills. Stay current with your state's legislative session. **3. Attend the board meeting and organize:** - Rally other STR owners in the HOA to contest the rule - Present data showing STR benefits (increased property values, professional management, no complaints) - Propose a compromise: registration requirement, noise rules, and occupancy limits instead of an outright ban **4. Pivot to mid-term rentals (30+ days):** - If the ban is only for under-30-day stays, pivot to furnished monthly rentals - Traveling nurses, corporate relocations, and insurance housing all need 30+ day stays - List on Furnished Finder, Airbnb Monthly, and corporate housing platforms - Lower revenue per month than STR, but still profitable and fully legal **5. Legal challenge:** - If your attorney believes the restriction was improperly enacted, file a challenge - This is expensive ($5K-20K) and time-consuming (6-18 months) - Only worth it if you have other owners willing to share costs Blog resources at https://strspecialist.com/blog cover the latest on STR regulations and host rights.

Reply by Kevin O'Brien:

I went through this exact scenario in my HOA in Arizona. Hired an attorney, challenged the board's authority, and WON — because the original CC&Rs were silent on rentals and the board tried to amend them without a full owner vote. Cost me $8,000 in legal fees total, but my STR generates $30K+ per year in profit. The ROI on fighting it was clear. Your mileage will vary depending on your CC&R language and state law.