florida-1624651_640Have you ever wondered whether renting out your property using VRBO qualifies as a commercial use as opposed to a residential use? You’re not alone.

On one hand, earning income from rent, advertising for new tenants, managing and scheduling those tenants, and maintaining the property to comply with the regulations required to frequently rent out your property for short periods certainly sounds like a business.

On the other hand, it’s your residence, and the people paying you to stay in it are only using it to eat, sleep, and do other ordinary acts incident to living. They aren’t using your place to produce income for themselves.

While both sides seem to have a reasonable argument, a recent Florida appellate court decided that renting a home to someone who uses the home “for ordinary living purposes such as sleeping and eating” qualified as a residential use under that particular association’s governing documents. See, Santa Monica Beach Property Owners Association v. Acord, (Fla. App., 2017).

What is the Legal Scoop?


Continue Reading Renting Your Home Using VRBO is a Residential Use

imac-965325_1280As 2016 closes, we reached out to our team and asked them to share some of the most notable issues in real estate and land use & environmental law:

Residential Closing Best Practices Requirements by Amanda Barritt

2016 saw the CFPB regulations and Best Practices requirements move into high gear with respect to financed residential

iStock_000015122897XSmall.jpgAssociation boards frequently ask what recourse they have against owners who fall behind on paying assessments, or violate other provisions of an association’s governing documents. While most associations’ governing documents provide for the right to fine owners and place a lien on their property, not all boards are aware that they may also suspend owners’ rights to use common elements or facilities.

What Rights Can Be Suspended?


Continue Reading Can an Association Suspend an Owner’s Right to Use Common Facilities?

IMG_3202Relatively recently, sites like VRBO have revolutionized how people travel. They also have made it easier for the average person to rent out their home without the need for professional assistance.

Are you considering renting your second home or condo during this fast-approaching Southwest Florida tourism season? If so, have you considered that you might be fined if you don’t have a license?

What You Need To Know

Florida law requires anyone in Florida renting a home to guests more than three times a year for stays which are less than 30 days to have a license. This means most of the people listing their homes on VRBO or otherwise advertising their house as available for rent to the public need to get a license from the DBPR- Division of Hotels and Restaurants.
Continue Reading What You Need to Know if You Are Considering Signing Up with VBRO

In light of the recent death of a 2 year old boy by an alligator attack in the Orlando Walt Disney World Resort, associations who operate water bodies within their communities may be wondering what, if anything, they should do to help prevent such tragedies and to protect themselves from liability in the event a wild animal does attack.

The concept is called “ferae naturae” in legal terms, meaning “wild animals.” The question is whether an association owes a duty to its homeowners to guard them against wild animals. In short, the answer is “no.”

The Law on Wildlife


Continue Reading Disney Alligator Death is a Wake Up Call to Florida Associations

coffee-desk-notes-workspace“How do you get them to read?” Sterling Jenkins, CEO and Co-Founder at Gladly, who has both lived in and managed community associations, recently posed this question to the Community Associations Institute group on LinkedIn. Mr. Jenkins acknowledged the importance of community association’s governing documents, but that so few people who live in associations actually read them.

Creative Suggestions


Continue Reading Encouraging Community Association Members to Be Familiar with the Governing Documents May Reduce Violations

financial flickr courtesy of www.SeniorLiving.orgThis question comes up a lot from our association clients. The short answer to the question is “yes.”

When are they due?

Under Florida law, community associations are required to provide owners with an end-of-year financial report. Specifically, within 90 days after the end of the fiscal year, or annually, as provided for in the bylaws, the association shall prepare and complete a financial report for the preceding fiscal year. The financial report must be mailed or hand delivered to the address last provided to the association, upon written request from an owner.

Are formal audits required?


Continue Reading Are Community Associations Required to Provide Financial Reports to Owners?