Q: Can we as an HOA legally stop an airbnb in Florida.
Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them? Is this our legal loophole without having to make an amendment to our bylaws?
A:
First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because they are contracts and require a licensed lawyer to draft, modify, or amend.
At least one trial court has ruled AirBnB are not a commercial activity because the home is still being used for residential purposes. I don't agree with that because an owner renting through AirBnB has to not only have a license but pay tourism taxes but that's just my opinion and the only one that counts is a judge.
No lawyer on here can advise if you need to amend your CC&Rs without reading them.
Charles M. Baron agrees with this answer
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