The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings.
Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward with any Airbnb-esque scheme. “In Florida, we have a lot of cases that revolve around the same type of issue, residential versus commercial use, where the associations don’t necessarily have that short-term rental language in their restrictions,” says Horan. “A lot of the cases grapple with whether short-term rentals are prohibited because a restriction says ‘residence.’”
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