HOA and Condo Rules for Short-Term Rentals in Orlando Resorts

An HOA vote can change the rules for every owner; a condo vote usually cannot – here is why that matters

By David Myers, Broker Associate · MyOrlandoVacationHome.com · Last updated October 2026

In Florida, an HOA can amend its documents to prohibit rentals of less than six months, or more than three rentals a year, and the change applies to every owner. A condo association's new rental restriction applies only to owners who vote for it and to anyone who buys after it passes. Even in resorts built for nightly rentals, associations set rules on registration, parking, occupancy, amenities and management. Reading the declaration, rental rules and recent board minutes before you buy is the best protection. Your zoning and your association documents both have to allow short-term rentals (STR) for a vacation home to work.

Zoning decides whether short-term rentals are legal in a community. The homeowners or condo association decides how they work – and, in an HOA, whether they can continue.

Florida law treats the two kinds of associations very differently, and the difference matters most to investors.

Can a Florida HOA Ban Short-Term Rentals?

Yes – an HOA amendment can restrict short rentals for all owners, including those who already own.

Under Florida Statute 720.306, a homeowners association can amend its governing documents to prohibit or regulate rentals of less than six months, or to limit an owner to three rentals a year. Once adopted, that restriction applies to existing owners as well as future buyers.

In established vacation resorts, nightly rentals are the reason the community exists, so a ban is unlikely – but it is legally possible, which is why the HOA's history and the owners' mix matter.

How Are Condo Rental Rules Different?

A new condo rental restriction binds only owners who vote for it and buyers who come later.

Under Florida Statute 718.110(13), a condominium amendment that prohibits or restricts rentals applies only to unit owners who consent to it and to owners who take title after it is adopted. Existing owners who vote no keep their rental rights. That protection is one reason vacation condos and condotels appeal to investors – but it also means a unit you buy later may come with restrictions earlier owners do not have.

What Rules Do Vacation Resort Associations Usually Set?

Registration, parking, occupancy, amenity access and, at some resorts, management rules.

Expect rules on guest registration and check-in, how many cars each home may have, maximum occupancy, pool and clubhouse access, and noise and trash. Condotels and hotel-style resorts often add rules for units outside the on-site rental program, such as extra fees or limited services – see condotel 3rd-party management restrictions. These rules can change by board vote, so review the current versions.

What Should You Review Before Making an Offer?

The declaration, the rental rules, the budget and recent board minutes.

• The declaration and any amendments that mention rentals or leasing
• Current rules and regulations, including guest registration and parking
• The budget and reserves, plus any special assessments
• Board minutes from the past year, which show proposed rule changes before they pass

The fees themselves – and any community development district (CDD) charges on the property tax bill – are covered in our guide to HOA fees vs CDD fees. Contact us to confirm current HOA and Management Company fees before you buy.

Do HOA Rules Limit How Much Owners Can Use Their Home?

The owner-use limit comes from the resort's rules and county zoning, and a rental program can set its own.

Depending on the resort, owners may use the home either up to 6 months a year or without limit. If the on-site rental program manages your unit, it may set a lower limit. Contact us for current terms, or compare every resort by maximum owner usage.

Pros, Cons and Our Take

Pros

• Associations in vacation resorts are built around nightly rentals and maintain the amenities guests book for.
• Condo owners are protected from new rental restrictions they do not agree to.
• Clear resort rules help keep guest behavior and parking under control.

Cons

• An HOA can restrict short rentals for every owner by amendment.
• Rules and fees change by board vote after you buy.
• Some condotels charge extra or limit services for units outside the on-site program.

Our Take

Treat the association documents as seriously as the inspection. A resort with a long history of nightly rentals, a healthy reserve fund and no pending rental amendments is a far safer bet than a newer community still deciding what it wants to be.

What Owners Should Know

• Ask your manager to keep you updated on board meetings and proposed rule changes.
• Keep guest registrations and parking passes current; fines usually go to the owner.
• Vote in association elections – investor owners often decide outcomes in resort communities.

See our overview of Orlando short-term rental laws.

Official Sources

• Florida Statute 720.306 (HOA rental amendments)
• Florida Statute 718.110 (condominium amendments)
• Florida Statute 509.032 (vacation rental preemption)

David Myers is a licensed Florida real estate broker, working as a broker associate with Ziro Realty, and is not an attorney or tax professional. This article is general information, not legal or tax advice. Laws and local rules change; confirm current requirements with the county, the DBPR and a Florida attorney or tax professional.