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Marsha411JD
Marsha411JD, Lawyer
Category: FL Real Estate
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Experience:  Licensed Attorney with 29 yrs. exp in Real Estate Law
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Trying to rent my home on AirBnb, one neighbor called HOA,

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trying to rent my home on AirBnb, one neighbor called HOA, HOA sent me a letter saying I can't rent my house as a short term, it needs to be 6+ months, is this true and can I fight that ?

Hello,

Thank you for the information and your question. Even assuming that your County or City does not have an ordinance restricting short term, or transient rentals, an HOA is not in violation of Florida Condo or HOA laws by adding such a restriction in their rules or covenants. If your local government or your HOA restrict your ability to engage in short term rentals with your property, there is no way to fight their legal right to do so. You can certainly try to lobby the local government or HOA membership to change the rules, but otherwise, that would be your limit on action you can take.

If there is no local limits or limitations in your HOA covenants or rules, then you would be free to rent in this manner. If that is the case, then you might want to have a local real estate attorney write a letter back to your HOA regarding your rights.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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