Question: When I bought my two condominium units, the documents allowed units to be rented. Thereafter, the condominium declaration was amended to prohibit rentals altogether. I did not vote in favor of the amendment. Subsequent to the effective date of the amendment, I sold one unit, but I have also kept one unit. Can I continue to rent the one unit I have kept? R.J. (via e-mail)
Answer: Yes, assuming that the declaration amendments were adopted after October 1, 2004.
The current version of the Florida Condominium Act provides that there are three types of rental amendments which only apply to those who vote in favor of the amendment, or those who take title to a unit after the effective date of the amendment. These are: (1) amendments that prohibit unit owners from renting their units; (2) amendments that alter the duration of the rental term; and (3) amendments which specify or limit the number of times unit owners are entitled to rent their units during a specified period. Such amendments are subject to what I call the â€œRental Amendment Grandfathering Law.â€
The amendment in your case falls into the first category in that it prevents unit owners from renting their units altogether, so it is subject to the Rental Amendment Grandfathering Law, since you did not vote in favor of it. Therefore, as to the unit you still own, and again assuming the amendment vote took place after October 1, 2004 (and further assuming your association does not want to be the test case challenging the constitutionality of the statute) you may continue to rent your unit. However, the unit that you sold may not be rented if the transfer took place after the effective date of the amendment.