Florida condominium document review checklist
The documents a Florida condo buyer can request, what the 2026 statutes say, and branded-building extras.
Florida · Rental and owner-use rules
State law, the association’s documents, local government and the tax authorities each set a different part of the answer
No single rule covers every Florida condominium. State statutes set outer limits, such as how a rental-restricting amendment binds owners. The declaration, bylaws and rules set most leasing and use terms. Cities and towns may add zoning and registration rules, and tax authorities have registration rules for short rentals. A buyer reads all four layers for the specific unit.
In short: Florida statutes set outer limits, the condominium documents set most leasing and owner-use terms, local codes add zoning rules, and tax authorities have registration rules for short rentals.
A reference guide, not legal, tax or insurance advice. Statutes, agency, local and law-firm pages re-read October 10, 2026 in short excerpts; see the source notes.
Four layers, sometimes five. They can all apply to one unit at once, and a unit that satisfies one layer can still fail another. Each row says what that layer can decide and where the actual rule is written.
| Who decides | What that layer can decide | What the sources we read say | Where to read the actual rule | Source |
|---|---|---|---|---|
| State condominium law (Chapter 718) | How the declaration can be amended, limits on rental-restricting amendments, a cap on transfer and lease application fees, what a buyer receives before closing | An amendment that prohibits renting, changes the rental term or limits how often a unit may be rented “applies only to unit owners who consent” to it and to owners who acquire title after its effective date. In the sections we opened, 718.116(4) refers to lease approval where the declaration or bylaws authorize it, and 718.112(2)(k) allows an approval fee only where the association is required to approve and the documents provide for the fee. We did not find a statute in those sections that requires association approval of leases | Section 718.110 (amendments), 718.112(2)(k) (fees), 718.116(4) (lease approval grounds), 718.504 (question-and-answer sheet) | Notes 1, 2, 3, 4 |
| Association documents | Minimum rental period, number of rentals, guest and occupancy limits, whether the board approves leases or sales, application fees and deposits | We did not find, in the sections we opened, a statute that itself creates a lease-approval requirement. Section 718.116(4) turns on whether the declaration or bylaws authorize approval, and 718.112(2)(k) on whether the association is required to approve and the documents provide for a fee | Recorded declaration and every recorded amendment, bylaws, rules, the question-and-answer sheet, the estoppel certificate | Notes 2, 3, 4 |
| State lodging law (Chapter 509) and DBPR | Whether renting a condominium unit short term makes it a licensed public lodging establishment, and what the statute says about local regulation of vacation rentals | Chapter 509 defines “transient public lodging establishment” and a “vacation rental” class that includes condominium units. Section 509.032(7)(b) says a local law, ordinance or regulation may not prohibit vacation rentals or regulate their duration or frequency, and that the paragraph does not apply to local rules adopted on or before June 1, 2011 | Sections 509.013, 509.032 and 509.242; DBPR licensing pages | Notes 5, 6, 7, 8 |
| Local government (city, town or county) | Zoning districts, rental registration, business tax receipts, inspections, fines | Pinellas examples differ: Belleair says rentals under seven months are not permitted; Belleair Beach’s posted code sets a three-month minimum in one district; Redington Shores prohibits transient rentals in four named districts | The municipal code of ordinances for the parcel’s zoning district; the city or town clerk or planning office | Notes 12, 13, 14 |
| Tax authorities (state and county) | Registration, collection and filing of sales tax and local tourist tax on short rentals | The Department of Revenue brochure describes sales tax on rental charges for living or sleeping accommodations for six months or less, with registration by the person renting them, and the Pinellas County Tax Collector describes registering for a tourist development tax account for rent on living quarters for six months or less | Department of Revenue sales tax pages; the county tax collector or other administering office | Notes 10, 11 |
| Hotel, brand or rental-program agreements | Owner-use days, a required or optional rental program, who may market the unit | One Florida law-firm article (2021, secondary source) says a management agreement “will restrict how many days a unit owner can stay in the unit” and that the third party “has a superior right to rent the units in the building.” No statute we read sets these terms | Management, rental and hotel agreements and the declaration provisions that refer to them | Note 15 |
This table summarizes statute text, agency, municipal and law-firm pages re-read October 10, 2026 in short excerpts. Which layer controls a given dispute is a legal question for your attorney.
The statutes above tell you what the law allows. They do not tell you what a particular building’s documents say. For a condominium unit, the order that tends to work is: read the recorded declaration first, then every recorded amendment, then the bylaws and rules, then the association’s question-and-answer sheet. Section 718.504 says that sheet must inform prospective purchasers about “unit use restrictions, including restrictions on the leasing of a unit” (Note 4). Compare each answer with the declaration; if they differ, ask the association and your attorney which controls.
Note the date of each amendment that touches rentals. Section 718.110 says an amendment that prohibits renting, changes the rental term or limits how often a unit may be rented applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment (Note 1). The subsection is a single sentence. It lists no exceptions, and it does not define “consent” or say how consent is given, so ask your attorney how it applies to a particular amendment. It speaks to amendments; a restriction in the original recorded declaration is a different question, and the declaration’s own words and dates matter.
Next, ask for the estoppel certificate. Section 718.116(8) lists whether the association’s rules require board approval for the transfer of the unit and whether a right of first refusal is provided (Note 3). As worded, those two items refer to transfer of the unit and first refusal, not to leases, so ask separately about lease approval.
Then look outside the building. Find the parcel’s zoning district and read that city or town’s code on rentals, because a rule can differ by district even inside one municipality (Notes 13, 14). If the unit is, or will be, rented for stays of less than 30 days, ask whether it holds a DBPR license and whether the sales tax and county tourist tax accounts are registered (Notes 8, 10, 11). If a hotel operator or rental program is involved, read those agreements as well; this guide did not find a statute that sets their terms (Note 15). For the wider document list, see ABODE’s condominium document review checklist.
The Act mostly sets limits and procedures, and leaves the substance of leasing rules to each declaration. Quotations below are short fragments of the 2026 text.
| Topic | What the 2026 statute says | What to ask | Source |
|---|---|---|---|
| Rental-restricting amendments | Section 718.110(13): an amendment prohibiting unit owners from renting, altering the rental term or limiting how often units are rented “applies only to unit owners who consent to the amendment” and “unit owners who acquire title to their units after the effective date of that amendment.” The subsection is one sentence; it lists no exceptions, does not define “consent” and does not say how consent is given | Whether any recorded amendment touches rentals, its recording date, and when the seller acquired title | Note 1 |
| How a declaration is amended | If a declaration fails to provide a method of amendment, section 718.110(1)(a) allows amendment as to most matters if approved by owners of not less than two-thirds of the units. For declarations recorded after April 1, 1992, the same subsection says no more than four-fifths approval may be required, except for matters under subsections (4) and (8) | The amendment method in the declaration itself, and the vote on each prior amendment | Note 1 |
| Material changes to units | Section 718.110(4) covers amendments that change a unit’s configuration or size in a material way or its share of common expenses, with its own consent requirements. We read no mention of rentals or use restrictions in that subsection | Whether the question is really a rental restriction or a change to the unit | Note 1 |
| Association approval of leases | Section 718.116(4): “If the association is authorized by the declaration or bylaws” to approve or disapprove a proposed lease, grounds for disapproval may include an owner who is delinquent in an assessment when approval is sought. We did not find a statute in the sections we opened that requires association approval of leases | Whether the documents authorize lease approval, who decides, the standard, and the timeline | Notes 2, 3 |
| Application or transfer fee | Section 718.112(2)(k): a fee for a sale, mortgage, lease, sublease or other transfer is allowed only if the association is required to approve the transfer and the declaration, articles or bylaws provide for an approval fee; it “may not exceed $150 per applicant,” must be adjusted every 5 years by a Consumer Price Index measure, and DBPR is to publish the adjusted amounts on its website. The paragraph also says no fee applies to a renewal of a lease with the same lessee | Whether any fee is charged, which document authorizes it, and DBPR’s current figure (see the next row) | Note 2 |
| DBPR’s published transfer-fee figure | A DBPR fee PDF, re-opened October 10, says “Currently, transfer fees are $150 per applicant” and “The next update will be released by July 1, 2026.” That date has passed, and we did not confirm a newer published amount, so confirm the figure on DBPR’s website | The current DBPR amount, not the statute’s base figure | Note 9 |
| Lease deposit | Section 718.112(2)(k) lets an association, if the governing documents authorize it, require a prospective lessee to deposit up to one month’s rent in an association escrow account to cover damage to common elements or association property | Whether the documents authorize a deposit, and how it is returned | Note 2 |
| Tenant rent after an owner’s delinquency | Section 718.116(11): if a unit is tenant-occupied and the owner is delinquent on a monetary obligation, the association may make a written demand that the tenant pay future rent to the association until the obligations are paid, with notice and receipt rules | How the association handles delinquent owners who rent, and whether the unit is current | Note 3 |
| Question-and-answer sheet | Section 718.504 requires the sheet to inform prospective purchasers about “unit use restrictions,” “including restrictions on the leasing of a unit.” Subsection (13) of the same section, which concerns the prospectus or offering circular, calls for a conspicuous statement where there are restrictions upon the sale, transfer, conveyance or leasing of a unit | The leasing and use answers, compared with the declaration | Note 4 |
Statute text re-read in short excerpts on October 10, 2026. Read the statutes and your documents with your attorney.
Renting a condominium unit for short stays can fall under Florida’s lodging chapter and its tax rules, whatever the association allows. The sources below describe the thresholds and the registration steps, not whether a particular unit qualifies.
| Topic | What the source says | What to confirm | Source |
|---|---|---|---|
| Transient lodging definition | Section 509.013(4)(a)1 describes a transient public lodging establishment as a unit, group of units, dwelling or building group in a single complex rented to guests more than three times in a calendar year for stays under 30 consecutive days, or advertised or held out as regularly rented that way | How many times and for how long the unit is rented, and how it is advertised | Note 5 |
| Condominium-unit exclusion | Section 509.013(4)(b) lists what “are excluded from the definitions in paragraph (a),” and subparagraph 4 covers a unit or group of units in a condominium, cooperative or timeshare plan (and certain small dwellings) that meets these conditions: rented for at least 30 days or 1 calendar month, whichever is less; not advertised or held out as regularly rented for shorter periods; and “no more than four rental units within a single complex of buildings are available for rent” | Ask your attorney how the last condition applies to a building where several units are rented. This guide does not decide it | Note 5 |
| Vacation rental class | Section 509.242(1)(c) calls “any unit or group of units in a condominium or cooperative” a vacation rental if it is “also a transient public lodging establishment but that is not a timeshare project.” Read on the Florida Senate mobile statutes page (the official statute page for this section did not open) | Whether the unit or building is licensed in that class | Note 6 |
| DBPR licensing | DBPR’s “Who Needs a License?” page lists “vacation rentals-condominiums and dwellings” among the lodging it licenses. DBPR’s Vacation Rental and Timeshare licensing guide says a Vacation Rental – Condominium license is issued for a unit or group of units in a condominium or cooperative, that a license is needed for renting an entire unit more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less (or when the unit is advertised or held out as regularly rented to guests), and that the business may still be subject to local jurisdiction. The guide says renting a single room is not classified as public lodging. We did not read DBPR’s fee tables; rely on DBPR for license status | License status and number through DBPR, and the local rules in the next section of this guide | Notes 7, 8 |
| State preemption of local rules | Section 509.032(7)(b): “A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals,” and “This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.” Paragraph (c) separately says (b) does not apply to certain local rules relating to property valuation in an area of critical state concern. The text is directed at local laws; it does not mention declarations or association rules. This guide does not say whether any local rule falls within the 2011 exception | The date a local rule was adopted, and an attorney’s view of how the exception applies | Note 5 |
| State sales tax on rentals | The Department of Revenue’s brochure on rental of living or sleeping accommodations says state sales tax applies to rental charges or room rates for rental periods of six months or less and that the person renting them must register with the Department to collect, report and remit tax. We quote no rates; confirm the current details on the Department’s page | Whether the owner or the property manager is registered and filing | Note 10 |
| Local tourist tax (Pinellas example) | The Pinellas County Tax Collector’s tourist development tax page says property owners and others “collecting rent on any living quarters for a period of six months or less” must register for a tourist development account. The Department’s brochure says Florida counties may impose local option taxes, such as the tourist development tax, in addition to the state sales tax | The county’s own page and code for the current rules; other counties differ | Notes 10, 11 |
The Department’s publication and the county pages describe registration and collection; they do not say that any particular unit owes tax. Ask your tax adviser.
The same state statute sits over very different local rules. These are examples from the municipalities’ own pages, not a survey of Pinellas County.
| Municipality | What the page says | Caveats | Source |
|---|---|---|---|
| Town of Belleair | The town’s FAQ answer reads: “No, short-term rentals (less than seven months) are NOT permitted in Belleair per our Code of Ordinances.” | The FAQ page did not print the question. Read the code itself for definitions and how it treats condominium units | Note 12 |
| City of Belleair Beach | A city-posted excerpt of Chapter 94 (Supp. No. 20, created February 27, 2024) says in Sec. 94-213 that homes in the Residential Low District II may be rented for not less than a three-month occupancy period, that the owner must register the home at city hall, and that each new tenant is registered at the start and end of the rental term. | The excerpt is not the official code, the document is truncated after this section (Sec. 94-213 itself read in full), and the code may have been amended. Check which district the parcel is in; this guide does not say what applies to a condominium parcel | Note 13 |
| Town of Redington Shores | The Rental Regulations page quotes code that prohibits transient rentals in the RS-7, RS-10, RD-15 and RM-15 districts, with a fine of $500 for a violation and each day of violation a separate violation (Sec. 90-111(C)). It names other districts where hotels or transient accommodation uses are permitted and says a special use permit for transient rentals in other residential districts may be granted for specified limited periods | Confirm the parcel’s district and the current code; the page quotes code sections but is not the code itself | Note 14 |
The pages we read do not state when each rule was adopted, so this guide does not say whether any of them falls within the June 1, 2011 exception in section 509.032(7)(b). For the neighboring Belleair municipalities, see the Belleair comparison guide, and for county context the Pinellas County market guide.
We found no Florida statute or agency page that sets owner-use days for a hotel-operated or rental-program condominium. Structures vary, and the terms are contractual. The rule for a particular unit must be read in the declaration, the rules and any rental, management or hotel agreements.
Becker & Poliakoff’s 2021 article “Hotel Condominium Units: What Are You Buying?”, published in Wealth Management Magazine, is a secondary source and one author’s opinion; we re-opened it October 10. The article, dated February 15, 2021, says a management agreement “will restrict how many days a unit owner can stay in the unit” and that the third party “has a superior right to rent the units in the building” (Note 15). For the associated documents and costs, see ABODE’s branded residence ownership-costs guide and the guide to branded residence roles.
For a new building, the buyer’s documents differ from a resale; the pre-construction versus resale guide covers that. Section 718.504, which concerns the prospectus or offering circular, calls in subsection (13) for a conspicuous statement where there are restrictions upon the sale, transfer, conveyance or leasing of a unit (Note 4).
These are questions to put in writing, not conclusions. Each answer is a fact about one building and one parcel.
| Check | Why it matters | Source |
|---|---|---|
| Declaration and every recorded amendment: minimum rental period, number of rentals, guest limits, approval | These documents carry most leasing and use terms, and the statutes defer to them on lease approval | Notes 2, 3 |
| Dates of rental-restricting amendments versus the seller’s date of acquiring title | A rental-prohibiting or rental-limiting amendment applies only to consenting owners and later purchasers, so the dates affect who is bound | Note 1 |
| Question-and-answer sheet and rules, compared with the declaration | The sheet must address unit-use and leasing restrictions; differences with the declaration should be resolved in writing | Note 4 |
| Estoppel certificate: transfer approval, right of first refusal, amounts owed | The certificate reports whether board approval or a right of first refusal applies to a transfer; ask separately about leases | Note 3 |
| Any application fee or lease deposit and the document that authorizes it | Fees are allowed only on the terms of 718.112(2)(k); the statute’s figure is $150 per applicant, adjusted under a formula with amounts published by DBPR | Notes 2, 9 |
| Zoning district and the city or town code on rentals for the parcel | Local rules can differ by district, and the Pinellas examples run from district-specific minimums to prohibitions | Notes 12, 13, 14 |
| The adoption date of any local rule on vacation-rental duration or frequency | Section 509.032(7)(b) says a local rule may not regulate the duration or frequency of vacation rentals and that the paragraph does not apply to local rules adopted on or before June 1, 2011; ask your attorney how it applies to the rule at issue | Note 5 |
| DBPR license status if the unit is rented for stays under 30 days | Chapter 509 describes a vacation-rental class that includes condominium units, and DBPR describes a license class for them | Notes 6, 7, 8 |
| Sales tax and county tourist tax registration for any short rental | The Department of Revenue brochure and the Pinellas County Tax Collector page describe registration for rentals of six months or less | Notes 10, 11 |
| Hotel, brand or rental-program agreements and owner-use days | No statute we read sets these terms; one Florida firm’s article (secondary source) says a management agreement will restrict an owner’s days of stay | Note 15 |
Pair these checks with the document review checklist.
This guide is general information about what Florida statutes, agencies and three Pinellas municipalities say as of October 10, 2026. It does not decide whether a particular rental is allowed, whether a given amendment binds a given owner, whether a local rule is preempted or falls within the 2011 exception, whether a unit needs a DBPR license, or what tax is owed. It does not say what any hotel operator, brand or rental program permits. Statutes and ordinances change, so confirm the current text. Your attorney reads the documents and local code; your tax adviser addresses sales, tourist and income tax.
We read statutes and agency pages in short excerpts. Statute text comes from the Florida Senate website; confirm it against the official codification. All pages were read in short excerpts through page summaries, so check the full text before relying on a point. The Belleair Beach text is a city-posted excerpt, not the official code, and it is truncated after Sec. 94-213. The official Florida Senate page for section 509.242 did not open, so that section rests on the Senate’s mobile page. We did not review other Pinellas municipalities, unincorporated county rules or short-term-rental rules outside Pinellas County.
Tell us the building and how you plan to use the unit. An advisor can help you decide which documents to request first, such as the declaration with all amendments, the question-and-answer sheet and the estoppel certificate, and can keep a log of what the seller and association have delivered and when.
ABODE represents buyers and sellers. We bring in the attorney, tax adviser and insurance agent you choose to read the parts that bear on their field. We do not decide whether a particular rental is allowed; that is in the documents and the local code.
The documents a Florida condo buyer can request, what the 2026 statutes say, and branded-building extras.
Cost categories, legal basis and the document that states each, for Florida branded condos
Who the developer, brand, operator, association, manager and owner are, and where each is stated
Developer first sale vs resale: disclosure, cancellation windows, deposits and turnover.
Four Belleair governments compared: location, permitting, zoning, flood and rental rules.
County guide to permitting offices, homestead rules, flood and evacuation lookups, and condo inspections
It is usually a combination. The association’s declaration, bylaws and rules carry most leasing terms, the statutes limit how those documents can be amended and how fees work, the city or town may add zoning and registration rules, and tax authorities have registration rules for short rentals (Notes 1, 2, 3, 10, 13). Which layer governs your plan depends on the building and parcel.
Section 718.110(13) is one sentence. It says an amendment prohibiting renting, altering the duration of the rental term, or specifying or limiting how many times owners may rent in a period applies only to unit owners who consent to it and unit owners who acquire title after its effective date (Note 1). It lists no exceptions and does not define “consent.” Whether it applies to a specific amendment is a question for your attorney. It addresses amendments, so also read the original declaration.
We did not find such a requirement in the sections we opened. Section 718.116(4) addresses lease approval where the declaration or bylaws authorize it, and 718.112(2)(k) allows an approval fee only where the association is required to approve and the documents provide for the fee (Notes 2, 3). If your documents provide for approval, read the standard, the timeline and any fee.
Section 718.112(2)(k) allows a fee only if the association is required to approve the transfer and the governing documents provide for it, and says it may not exceed $150 per applicant, adjusted every 5 years, with DBPR to publish the adjusted amounts (Note 2). A DBPR fee PDF says “The next update will be released by July 1, 2026.” That date has passed, so confirm the current figure with DBPR (Note 9).
Section 509.032(7)(b) says a local law, ordinance or regulation may not prohibit vacation rentals or regulate their duration or frequency, and that the paragraph does not apply to local rules adopted on or before June 1, 2011 (Note 5). The Pinellas municipalities we read describe minimum rental periods and prohibitions (Notes 12, 13, 14). This guide does not say whether any of those rules falls within the exception; ask your attorney about the rule that applies to the parcel.
Chapter 509 includes a vacation rental class that names units in a condominium, and the statute’s definition of a transient public lodging establishment turns on renting more than three times in a calendar year for stays under 30 consecutive days, or advertising a unit as regularly rented that way (Notes 5, 6). The statute also has a condominium-unit exclusion with conditions (Note 5). DBPR’s licensing guide describes a Vacation Rental – Condominium license class and says a license is needed for renting an entire unit more than three times in a calendar year for periods under 30 days or 1 calendar month, whichever is less (Notes 7, 8). Whether a license is needed is a legal question for your attorney.
The Department of Revenue brochure describes sales tax on rentals of living or sleeping accommodations for six months or less, with registration (Note 10), and the Pinellas County Tax Collector describes a tourist development tax account for rent on living quarters for six months or less (Note 11). Your tax adviser can say what applies to you.
Structures vary, and no statute we read sets owner-use days. They are read in the declaration, rules and any rental or hotel agreements. One Florida firm’s 2021 article (a secondary source) says a management agreement will restrict how many days an owner can stay (Note 15). Ask for those agreements and have your attorney review them.
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