Tampa, FL asked in Real Estate Law for Florida

Q: My HOA added leasing restrictions after I purchased the home. Can HOA prevent me from leasing my home?

I purchased my home in 2019, HOA amended leasing restrictions in Jan 2020. I have not voted for this amendment. Can HOA still prevent me from leasing my home? and what are implications if I go ahead and lease it?

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1 Lawyer Answer

A: Rental restrictions are not effective against current owners who do not consent but you have to be sure there was no sort of rental restriction in place already and the restriction itself was not further amended. Rather than just renting your home I would check with the HOA first to make sure they understand this; otherwise, even if they are wrong, they would likely file a lawsuit, which would be expensive to defend.

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