What does “grandfathered” mean?
Florida Statutes §718.110(13) limits who is bound by certain condominium rental amendments. It covers amendments that prohibit renting, change rental-term duration, or specify or limit rental frequency.
Such an amendment applies to owners who consent and owners acquiring title after its effective date. An existing owner who does not consent is generally protected from that amendment. The provision does not require an owner to have been renting when it took effect.
Understand what the exception does—and what needs review
Earlier valid restrictions remain relevant. Screening, occupancy, and other provisions need their own analysis. Do not assume every rental-related rule is covered by subsection (13).
A subsequent buyer generally is bound by an applicable amendment already effective. Transfers involving trusts, entities, inheritance, or life estates deserve counsel’s review rather than an automatic assumption that protection continues.
This is the condominium rule under Chapter 718. HOA provisions under Chapter 720 differ.
A practical review process for boards
Board Synergy recommended practice
The following workflow organizes the decision and its supporting records. The statutory protection, governing-document requirements, and administrative tracking should be identified separately.
- Identify the exact restriction. Obtain the declaration and recorded amendments. Write down the provision the association proposes to apply.
- Build a reliable timeline. Gather the recorded deed and amendment details. Have counsel confirm the relevant dates.
- Locate consent evidence. Preserve voting and consent records. Ask counsel what evidence establishes the particular owner’s consent; avoid relying on recollection.
- Compare the request with all applicable provisions. Review the proposed lease, required application materials, and occupancy information. Separate each requirement in the review notes.
- Resolve uncertainty before enforcement. Obtain written advice for disputed consent, unusual transfers, unclear language, or competing interpretations.
- Communicate the result. Give the owner a clear written explanation identifying the documents reviewed and the requirements that apply.
Keep a rental-status worksheet
Track status by owner and by amendment, rather than using one permanent “grandfathered unit” label. Identify what was reviewed, what remains unresolved, and what change should trigger a new review.
| Record | What to document |
|---|---|
| Unit and ownership | Names, recorded instrument references, and acquisition information. |
| Amendment | Exact provision, recording reference, and verified effective date. |
| Consent | Evidence located and its source, missing records, reviewer, and conclusion. Keep privileged advice separately as counsel directs. |
| Rental request | Lease dates, application materials, and outstanding questions. |
| Decision | Applicable provisions, authorized decision-maker, review date, written response, and supporting record location. |
| Later changes | Transfers, revised documents, or new information requiring review; assigned lead, follow-up date, and unresolved questions. |
Use the worksheet as an administrative aid. It does not itself create or waive a legal right. Keep supporting records and handle personal information appropriately. The records-maintenance guide distinguishes ownership, actual residents, emergency contacts, and age-verification evidence. Use the decision/action log to follow up on gaps.
Questions to resolve before promising an exception
Does “grandfathered” settle every rental condition?
No blanket conclusion should be drawn from that label. Identify the exact amendment at issue, then review earlier restrictions, screening, occupancy, and other requirements separately. A conclusion about one restriction is not approval of a particular tenant.
What if the ownership or consent records are incomplete?
Record the missing evidence and request the relevant documents through an appropriate channel. Do not turn a blank field into an assumption that the owner consented or that an exception has been established. Refer disputed evidence to counsel before taking consequential action.
What should happen when a unit is sold or title changes?
Flag the rental-status entry for review using the actual transfer documents and counsel’s analysis. Give the closing professional accurate information about the documents and unresolved questions; avoid an informal promise that a particular rental status transfers with the unit.
Does a renewal denial allow the board to remove an occupant?
A renewal decision and the remedy for continued occupancy are distinct. Review the current term, owner’s applicable restrictions, and legal process before communicating a denial or taking enforcement action.
Explain the difference without creating conflict
Owners may question why one rental request is handled differently from another. A board can explain its review process and the relevant document history while protecting private information.
For an owner asking about grandfather status, acknowledge the question, identify what information is missing, and provide a response after review. Avoid informal assurances that could be mistaken for a final approval.
Before proposing a new rental amendment, plan for reliable consent records, understandable owner notices, and a method for managing future requests. Have counsel review both the amendment and the implementation process.
Source & further guidance
Florida Statutes §718.110(13) is the statutory basis for this overview.
Resource and styling update: October 16, 2026. The statutory summary was checked against current §718.110(13). Original review October 3, 2026; the linked December 2020 UCO Reporter article is historical supplementary reading and was not reverified in this update. Educational information, not a determination of an owner’s rental rights. The association’s documents, amendment history, ownership facts, and applicable law require individual review.