# Florida HOA Rental Restrictions: The 2021 Grandfather Rule (2026) > Under Florida Statutes 720.306(1)(h), any HOA governing document or amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to an owner who takes title after the amendment's effective date, or to an owner who consents to it. An existing owner who did not consent is not bound by a new rental restriction. There are two exceptions that do apply to every owner: an association may amend its documents to restrict rentals shorter than 6 months, and to bar renting a parcel more than three times in a calendar year. For a buyer or investor, the question is not just what the rental rules say, but when they passed and whether they bind you. _Source: https://hoanotes.com/hoa/florida/rental-restrictions/ | Last reviewed 2026-06-03_ ## What the law protects Florida Statutes 720.306(1)(h) sets a date line. A governing document or amendment enacted after July 1, 2021 that prohibits or regulates rentals applies only to an owner who acquires title after its effective date, or to an owner who consents to it. An owner who already held the parcel and did not consent keeps the rental rights they had before the change. Two exceptions bind every owner regardless of when they bought. An association may amend its documents to prohibit or regulate rentals of less than 6 months, and to prohibit renting a parcel more than three times in a calendar year. Outside those two, a post-2021 rental restriction reaches only new owners and those who agreed to it. ## Why a buyer or investor should care Here is the catch for a buyer: if you take title after a 2022 or 2023 rental amendment, you are the new owner it binds, even though the seller was grandfathered out of it. The rule that did not apply to the seller can apply to you the day you close. So you need to read the rental rules as they will bind you, not as they bound the seller. ## What to check in the disclosure packet Read these together before you make an offer: - The date of any rental amendment, since a post-July 2021 change binds you as a new owner. - Whether the rules restrict leases under 6 months or cap rentals at three per year, the two limits that apply to everyone. - Any rental cap on the share of homes that can be rented, and whether it is already at its limit. - Recent board minutes for rental amendments under consideration. ## Why this matters to your offer For an investor, the rental rules can be the whole deal, and the 2021 line means the protection the seller enjoyed may not pass to you. Reading the amendment dates is the difference between a rentable property and a surprise. An HOA Notes brief reads the CC&Rs, the amendments, and the minutes together, flags rental rules by their effective date, and cites the page behind every finding. ## What the statute says **Florida Statutes section 720.306(1)(h)** (Rental restriction non-retroactivity). Any HOA governing document amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to an owner who acquires title after the effective date of the amendment, or to an existing owner who individually consents in writing; existing owners as of the amendment date cannot be forced to comply with new rental restrictions they did not consent to. The association may amend documents to restrict rentals of less than 6 months or to prohibit rentals more than 3 times per calendar year -- these restrictions apply to all owners regardless of acquisition date; restrictions that pre-date July 1, 2021 continue to apply to all current owners. ## Florida HOA rental rules: common questions ### Can a Florida HOA restrict rentals? Yes, but a rental amendment enacted after July 1, 2021 binds only owners who take title afterward or who consent, except for limits on leases under 6 months and a cap of three rentals per year, which bind everyone. ### I am buying after a rental amendment. Does it bind me? Most likely yes. Under 720.306(1)(h), a post-July 2021 rental restriction applies to an owner who takes title after the amendment, even if the seller was grandfathered out of it. ### What rental limits apply to all Florida HOA owners? An association may restrict rentals of less than 6 months and may bar renting a parcel more than three times in a calendar year. Those two apply regardless of when an owner bought. ### Was the seller exempt from the rental rule? Possibly, if they owned before a post-2021 amendment and did not consent. That exemption does not automatically pass to you as the new owner, so confirm how the rules bind you. ## Sources (verified 2026-06-03) 1. Chapter 720 Section 306, Florida Statutes (rental agreement amendments), The Florida Senate. Verified 2026-06-03. https://m.flsenate.gov/Statutes/720.306 2. Florida Statutes Title XL section 720.306, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-720-306/ 3. Legislature Limits HOA Rental Amendments, Becker and Poliakoff. Verified 2026-06-03. https://beckerlawyers.com/legislature-limits-hoa-rental-amendments-news-press/ HOA Notes is not a law firm and this is not legal advice.