HOA & Condo
Can an HOA restrict short-term rentals in Alabama or Florida?
Yes, usually — but only if the restriction is properly adopted. Existing covenants that ban or limit rentals are generally enforceable. New restrictions imposed by amendment after an owner purchased typically face challenges based on the documents, the statute, and vested-rights doctrine.
Short-term-rental restrictions are among the most litigated HOA issues on the Gulf Coast. The doctrinal answer depends on whether the restriction exists in the original documents or was added later.
Existing covenants.
If the recorded declaration in effect when an owner purchased restricts rentals — whether by minimum lease term (30-day or longer), express STR prohibition, or use restrictions limiting commercial activity — courts in both Alabama and Florida generally enforce them. The covenant ran with the land; the owner took with notice.
Newly adopted restrictions.
The harder question is amendments adopted after the owner purchased. Both states permit covenant amendments by supermajority owner vote under the statutory or document framework. But owners who acquired with the existing (less restrictive) rules in force may have vested-rights defenses. Florida's case law on this is more developed; Alabama follows the document-based analysis more strictly.
Statutory overlays.
Florida Chapter 718 (§ 718.110(13)) and Chapter 720 (§ 720.306(1)(h)) provide specific frameworks for rental restrictions in condominium and HOA contexts. The amendments must comply with both the statute and the governing documents. Defective procedure invalidates the restriction.
Local-government overlay.
Several Gulf-Coast municipalities also regulate STRs — Orange Beach, Gulf Shores, and 30A communities all have ordinance regimes. These layer on top of HOA rules; both can apply.
For more on the procedural side, see our HOA & Condominium practice.