No-rental associations

What does “no rental” mean?

A no-rental association is generally one whose governing documents prohibit leasing units, subject to applicable law and any lawful exceptions or protected rights. The phrase is a useful description, but the actual recorded language determines the restriction.

Century Village associations can have different provisions. Do not assume a rule used by one building applies to another or that a community-wide label settles an individual owner’s rights.

Know the rules before making the commitment.

Why might a no-rental association still have renters?

Florida §718.110(13) provides that amendments prohibiting rentals, changing rental duration, or limiting rental frequency apply only to owners who consent and owners acquiring title after the amendment’s effective date.

This statutory category raises questions about the owner’s acquisition date, consent, and the type and effective date of the amendment. Whether the unit had a tenant when the amendment was adopted does not, by itself, resolve those questions. An original restriction and a later amendment also require different review. Have association counsel assess the actual documents, adoption and recording history, ownership and consent evidence, and applicable law before reaching a conclusion. This page does not determine that any particular owner is exempt or “grandfathered,” and it is not a certificate of rental rights.

Documents to assemble for counsel

Provide the complete record rather than a label such as “no rental” or “grandfathered.” Useful materials include:

• Recorded governing text: the original declaration, complete amendments, exhibits, and recording references.
• Adoption history: the proposed amendment text, meeting notices, minutes, ballots, proxies or consent records, and execution or recording evidence.
• Ownership history: acquisition deeds, relevant later transfers, ownership dates and the parties involved, including any trust or estate documents counsel requests.
• Consent evidence: records showing whether the particular owner consented, did not consent, or has an unresolved voting or consent history.
• Proposed use: the lease or proposed arrangement, duration, frequency, intended occupants and any claimed exception or accommodation.
• Prior decisions: relevant approval letters, correspondence, disputes and prior counsel guidance, shared through an appropriate confidential channel.

Identify missing or disputed records as such. Do not assume a sale, inheritance, deed to a trust, or other transfer preserves or eliminates a protection; obtain transaction-specific legal review.

Rental, guest, family occupancy, or caregiver?

Calling an arrangement a “guest stay” does not resolve its legal character. Conversely, the absence of the owner does not automatically prove a prohibited rental. Review the actual arrangement and documents, and ask counsel when the classification is disputed.

Neither a Century Village ID nor a gate authorization should be assumed to replace association approval or create an exception to a rental prohibition.

Before adopting a no-rental amendment

1. Define the objective. Identify the concern: frequent turnover, short-term use, screening, or another documented issue. Consider whether a narrower lawful restriction addresses it.
2. Ask counsel to draft and review. Confirm the correct document, voting threshold, notices, protected rights, exceptions, and any required consents.
3. Explain the proposal honestly. Present effects on owner flexibility, buyers, occupancy, and administration without promising higher property values.
4. Complete the required process. Keep the vote and consent records, record approved documents properly, and distribute a clear summary.
5. Plan consistent administration. Maintain accurate unit-specific records and establish a written review process for questions.

A board should not assume that a motion or house rule can create a new rental prohibition that overrides the declaration or statutory owner protections.

Potential benefits and tradeoffs

Owners may favor stable occupancy and fewer lease-related administrative tasks. Others may need the flexibility to rent because of health, finances, or a future move. Treat these as policy considerations to discuss, not guaranteed outcomes. A no-rental policy does not replace good management, maintenance, or enforcement.

Enforce the actual restriction fairly

Florida §718.303 provides enforcement remedies and procedures. Before alleging a violation, verify the governing provision, facts, and owner’s legal status. Fines have notice and hearing requirements; they are not a shortcut to removing an occupant.

Suggested approach: explain the specific concern privately, request relevant information, document the response, and obtain counsel’s direction on disputed cases. Avoid public accusations, improvised penalties, or using access controls as an eviction tool.

Consistent enforcement starts with accurate information.

Questions buyers and owners should ask

• Is the prohibition in the original declaration or a later amendment?
• Where is the operative recorded text?
• Would this restriction apply to me after this transaction?
• Are any exceptions written into the documents?
• What rules apply to family, guests, caregivers, and other occupants?
• What approval process applies before anyone moves in?

Buyers should obtain the governing documents and written clarification before relying on rental income or a future leasing plan. A seller’s rental history does not prove that a buyer will have the same rights.

Related guidance

Source review October 17, 2026; educational qualifications revised October 18, 2026. Educational guidance for Florida condominiums and Century Village West Palm Beach. Sources: §§718.110 and 718.303, linked above. Association counsel should review your actual recorded documents, ownership history, and circumstances before determining rental rights or enforcement remedies.

Organize the unit-specific record for counsel’s review

Board Synergy recommended practice

A unit-specific worksheet can organize the facts and documents for counsel and help the next board identify what has actually been reviewed. It does not determine an exemption, certify “grandfathered” status, or create or remove a rental right.

• Collect the sources: Identify the original restriction, recorded amendments and effective dates, title acquisition history, consent evidence where relevant, and any written legal analysis.
• Track review and unresolved questions: Record the reviewer, date, documents supplied, missing information, questions for counsel and events requiring another review, such as a proposed transfer or changed arrangement. Where counsel has provided guidance, retain it with appropriate confidentiality and record authorized operational follow-up without presenting the worksheet as an independent legal determination.
• Apply it consistently: Use equivalent review standards for comparable situations. Obtain advice on uncertain transfers, accommodations, and enforcement. Keep supporting personal information appropriately protected rather than publishing an owner exception list.

Connected Board Synergy guides

• Rentals
• Lease renewals
• Deeds ownership search
• Official records
• Fair housing act
• Request for Occupancy: the linked process

These checklists are recommended practices. Florida law, governing-document requirements, UCO procedures, and contractual duties have distinct authority. Verify the controlling requirement for your association.