HOA threatening $500/day fines for my Airbnb - CCRs from 2008 don't mention short-term rentals

I own a condo in a Miami building and have been running it as an Airbnb for the past 2 years. Made good money, never had any complaints from neighbors, guests have been respectful.

Now the HOA sent me a letter saying I'm in violation of the CCRs and owe $500/day in fines retroactive to when I started. They claim I owe $365,000.

Here's the thing - I read the CCRs from cover to cover before I started hosting. There's NOTHING in there about short-term rentals or a minimum lease term. The CCRs are from 2008, way before Airbnb was even a thing.

Can they really fine me for something that's not written in the rules?

This is classic HOA overreach. If it's not in the CCRs, they can't enforce it. Tell them to pound sand.

But also get a lawyer because $365k is insane.

Florida real estate attorney here. This is more nuanced than "if it's not in the CCRs, they can't do it."

First, you need to check a few things:

• Does the CCR have language about "commercial use" or "business activities"?
• Does it say units must be used for "residential purposes only"?
• Does it prohibit "transient occupancy" without defining the term?
• Has the HOA passed any amendments or board resolutions since 2008?

Many Florida courts have ruled that general "residential use only" language can be interpreted to prohibit short-term rentals, even if STRs aren't explicitly mentioned.

However, $500/day retroactive fines are extremely aggressive. Under Florida Statute 720.305, HOAs have to follow specific procedures before levying fines.

The CCRs say "residential use" but don't define it. Nothing about commercial use or transient occupancy.

There was a board resolution passed in 2023 (after I started hosting) that says "no rentals under 6 months" but I never received notice of it until now. They claim they posted it on the bulletin board in the lobby.

Okay, this is critical. Under Florida law (and this was strengthened in 2023), HOAs generally cannot adopt rental restrictions AFTER you purchased your unit unless:

• The amendment is approved by the required percentage of owners (usually 75%)
• They grandfather in existing owners
• It was already prohibited in the original CCRs and they're just clarifying

A board resolution alone typically cannot create new restrictions on rental rights. That requires a formal amendment to the CCRs.

When did you buy the unit? If you bought it before the 2023 resolution and the CCRs didn't explicitly prohibit STRs, you likely have a strong case that you're grandfathered in.

Florida Statute 718.110(13) protects rental rights for condos. You should absolutely consult with a Florida condo attorney before paying anything.

I dealt with this exact situation in Tampa. My HOA tried to fine me for STRs after passing a new rule.

Got a lawyer who sent them a letter citing the grandfathering protections under Florida law. They backed down completely. Cost me $500 for the lawyer letter vs the $50k they were claiming.

Don't negotiate with them directly - get an attorney to respond. HOAs often bluff.

I bought the unit in 2020. Started Airbnb in 2023. The board resolution was also 2023 but I honestly don't remember seeing it.

So even if the resolution is valid, I should be grandfathered in since the original CCRs didn't prohibit it?

This is trickier. You bought in 2020, but you didn't start renting until 2023, which is when they passed the restriction.

The grandfathering protection usually applies to owners who were already exercising their rental rights before the new restriction was adopted. If you weren't actively renting when the rule was passed, they could argue you don't get grandfathered.

However, you still have several defenses:

1. Lack of proper notice - "posting in the lobby" may not meet the notice requirements
2. The $500/day fine is likely excessive and punitive
3. Retroactive fines are generally not allowed
4. They may not have followed proper procedures for the fine hearing

You need to look at your governing documents to see what notice is required for rule changes and what the fine schedule actually allows.

Also check if your city has any local ordinances about HOAs and STRs. Miami-Dade has specific regulations that might override or limit what the HOA can do.

And document everything - your Airbnb listing history, when you received the violation letter, copies of all communications with the HOA, etc.

Thanks everyone. I'm going to hire a Florida condo attorney. The $365k number is obviously ridiculous but I want to make sure I handle this right.

The ironic thing is the HOA is always broke and complaining they can't afford building maintenance. Maybe if they focused on actual problems instead of trying to shake down owners for made-up fines, they'd be better off.

Following this thread because I'm in a similar situation in California. Our HOA is trying to ban Airbnb retroactively too. The $500/day fine is absolutely excessive - California courts have struck down similar fines as punitive rather than compensatory.

One thing I learned: always request a hearing before the fine is assessed. Once they impose it, you're fighting uphill to get it removed. Document everything and get legal help ASAP.

Texas host here. We went through something similar last year. Key question: did you ever receive a violation notice BEFORE the fine letter? In most states, HOAs have to give you notice and opportunity to cure before they can fine you.

If they just jumped straight to $365k without any warning, that's a huge procedural violation.

@STR_Investor_TX - No prior warning at all. First I heard about it was this letter demanding $365k. No cease and desist, no warning, nothing.

Meeting with a lawyer next week. Will update.

Property manager here - I see this ALL the time in Miami. A few things:

1. The lack of prior notice is a big deal. Florida law requires a 14-day notice before fines can accrue.

2. $500/day is at the high end but not unheard of. However, applying it retroactively is almost certainly improper.

3. Many HOAs in Miami have been passing STR bans recently because of pressure from long-term residents. But enforcement is inconsistent.

Your lawyer should request all board meeting minutes from the past 3 years to see exactly when and how the rule was adopted.

What if the CC&Rs don't specifically mention Airbnb but do say something like "no hotel or motel operations"? My docs from 1995 have that language and I'm wondering if STRs would fall under that.

@JustKurious - That's actually a common issue. Courts are split on whether "hotel or motel operations" covers Airbnb-style rentals. Some courts say occasional rentals don't rise to the level of "hotel operations" while others say any transient occupancy is covered.

Key factors courts consider:

• How frequently do you rent?
• Do you provide hotel-like amenities (daily cleaning, concierge)?
• Is it your primary residence or purely investment?
• What was the intent of the original drafters?

If you're renting out a spare room occasionally, that's very different from running a 365-day rental operation.

SUCCESS STORY: Just want to share that HOAs DO back down. My HOA in Denver tried to fine me $15k for Airbnb. I showed them:

1. My lease predated their rule by 2 years
2. The rule was passed by board resolution, not proper amendment
3. I had been paying city STR taxes, proving I was operating legally

They dropped the whole thing. Total cost: $800 for a lawyer to draft a response letter.

Key tip: having documentation that you were operating BEFORE the rule helps enormously.

@CondoHost_Miami any update on how the lawyer meeting went? I'm dealing with a similar situation in Broward County. Our HOA is trying to pass a new STR ban but I've been renting since 2021 and am hoping to get grandfathered in.

The lawyer I consulted with quoted me $3,500 retainer just to send a response letter. Seems steep but maybe worth it to protect my rental income.

As someone who actually serves on an HOA board (not OP's), I want to offer a different perspective. STRs can genuinely cause problems - noise complaints, security issues with strangers constantly coming and going, parking problems.

That said, $500/day fines and $365K demands are absurd and make all HOAs look bad. Our board works with owners to find solutions. Wish more boards were reasonable about this stuff.

@CondoHost_Miami the grandfathering angle sounds like your best bet. Good luck.

UPDATE: Met with the attorney. She says I have a strong case because:

1. The board resolution was never properly recorded or sent to owners by mail
2. No notice of violation was sent before the fine letter
3. The fine amount exceeds what their own bylaws allow ($100/day max)
4. They can't apply fines retroactively under FL law

She's sending a response letter this week demanding they rescind the fine and provide documentation of proper procedures. If they don't respond adequately, we'll request an arbitration hearing.

Cost so far: $2,500 retainer. Worth it for peace of mind.

Nice! Point #3 is huge - if their own bylaws only allow $100/day max, the $500/day is void on its face. That's the kind of detail that makes HOAs back down fast.

Keep us updated!

Jumping in here because I'm dealing with the opposite situation. My HOA explicitly banned STRs in the original CC&Rs (2015) but I bought anyway thinking I could fight it. Lawyer told me I have basically no case because I purchased with the restriction already in place.

Moral of the story: READ THE CC&Rs BEFORE YOU BUY. Don't be like me.

Another cautionary tale: I fought my HOA for 18 months, spent $12k in legal fees, and ultimately lost at the hearing. The arbitrator ruled that "residential use" in our 2003 CC&Rs was intended to exclude transient rentals, even though Airbnb didn't exist then.

I was ordered to cease all STR activity and pay $8,500 in accumulated fines (reduced from $45k). At least I didn't have to pay their legal fees which was a real possibility.

Sometimes you have to know when to fold. If I could do it over, I would have stopped hosting when I got the first warning instead of fighting.

@DisillusionedFL makes an important point. Not every case is winnable, and legal fees can add up quickly. Before fighting, you should honestly assess:

• How much rental income are you actually making?
• What's the realistic legal cost to fight?
• What's the worst case if you lose (fines + their legal fees)?
• Do you have strong procedural defenses or just arguments?

@CondoHost_Miami has several procedural defenses which is why their case looks strong. But if your only argument is "the CC&Rs don't explicitly say Airbnb," that's weaker than it sounds.

San Diego host here - one thing nobody's mentioned is the interaction between city ordinances and HOA rules. In my city, STRs are explicitly permitted with a license. When my HOA tried to ban them, my lawyer argued that the city's explicit permission creates a presumption in favor of allowing STRs.

We settled - I can continue hosting but have to follow certain quiet hours and parking rules. HOA dropped the fines entirely.

Worth checking if your city has a STR permit system that could help your case.

Arizona is interesting because we have a state law (ARS 9-500.39) that actually LIMITS what cities can do to restrict STRs. Some people think this also limits HOAs, but that's wrong - HOAs are private contracts, not government entities.

My HOA in Scottsdale has a 30-day minimum rental rule that predates my purchase. I can't fight it even though the city allows STRs.

The lesson: HOA restrictions and city ordinances are two completely separate things. You need to comply with both.

UPDATE #2: HOA received the lawyer letter. Their attorney responded asking for a meeting to "discuss resolution." My lawyer says this is a good sign - they know they overreached.

The meeting is scheduled for next week. My lawyer is pushing for: (1) complete waiver of all fines, (2) written confirmation I can continue hosting under grandfathering, (3) they pay my legal fees since they started this frivolously.

Fingers crossed. Will update after the meeting.

Pro tip for anyone going into an HOA hearing: BRING DOCUMENTATION. I attended mine with:

• Printed copies of all CC&Rs and bylaws (highlighted relevant sections)
• Timeline of all communications
• Proof of when I started hosting (Airbnb booking history)
• Guest reviews showing no complaints
• Evidence that HOA didn't follow their own procedures

The board members clearly hadn't expected me to come so prepared. They ended up tabling the fine "for further review" and never brought it up again.

Preparation wins these battles.

I'm a neighbor in one of these buildings (not OPs) and I have to say, some of you hosts are unbelivable. Constant noise, strangers in the hallways every weekend, parties at 2am. The HOA fine system exists for a reason.

Not saying OP is one of the bad ones but please consider that your "investment" affects everyone who actually lives there full time.

@AngryinMiami - Fair point, and I get the frustration. For what it's worth, I've never had a noise complaint and I screen guests carefully. I actually live in the building too (I rent out a second unit I own) so I have skin in the game.

The problem hosts give all of us a bad name. But the solution should be noise rules and enforcement, not blanket bans and insane fines.

@CondoHost_Miami exactly. On our board, we deal with bad STR operators by enforcing noise/nuisance rules against specific violations. Blanket bans punish good hosts and bad hosts equally.

Some of my fellow board members wanted to ban STRs entirely. I convinced them to instead require registration, noise deposits, and strict enforcement. Complaints dropped 80% and we still have good hosts operating.

Random question for the attorneys here - if I stop hosting while the dispute is ongoing, does that hurt my grandfathering claim? I don't want to accumulate more fines but I also don't want to "abandon" my rental rights.

@KeyWestKate - This is state-specific, but generally, temporarily stopping while a dispute is resolved doesn't waive your rights. The key word is "temporarily" - if you stop for years, that's different.

What you want to avoid is any written statement agreeing to permanently cease STR operations. Keep it as "pausing while we resolve this dispute" in any communications.

If you're really worried, you could keep taking bookings but for 30+ day stays, which usually don't fall under STR restrictions. This maintains your rental activity without violating short-term rules.

BIG UPDATE: The meeting happened. We won.

HOA agreed to:

1. Waive ALL fines ($365k -> $0)
2. Acknowledge I'm grandfathered for STR use
3. Pay half my legal fees ($1,250)

In exchange, I agreed to:

1. Register my unit with the HOA as a rental
2. Provide guest info for stays over 3 days
3. Accept responsibility for any noise/nuisance violations by guests

I can live with those terms. The key was that they had NO documentation of proper procedure for the rule change or the fines. Once our lawyer pointed that out, their attorney clearly told them to settle.

Total cost to me: ~$1,250 in legal fees (after their reimbursement). WORTH IT.

Congrats! This is the best possible outcome. The compromise terms are totally reasonable - registration and noise responsibility is fair for both sides.

Amazing outcome! This is why you don't just roll over when HOAs make crazy demands. $365k to $0 is a huge win.

For anyone else reading this - the procedural angle is so important. HOAs often don't follow their own rules, and that's your best defense.

Inspired by this thread, I hired a lawyer for my Broward situation. They sent the response letter citing similar procedural issues and asking for documentation of the rule change.

HOA went silent for 3 weeks, then sent a letter saying they're "reviewing the matter" and fines are "suspended pending review." I think they realized they screwed up too.

Thank you @CondoHost_Miami for sharing your journey. Gives the rest of us hope.

This thread is so helpful. I'm about to buy a condo and want to Airbnb it. What should I look for in the CC&Rs before buying?

@NewbieVRBO - Great question. Before buying, check the CC&Rs for:

• "Minimum lease term" requirements (30 days, 6 months, 1 year)
• "No transient occupancy" or "no hotel-like use" language
• "Residential use only" - this is ambiguous but can be problematic
• Leasing approval requirements (some HOAs require tenant background checks)
• Maximum number of rentals allowed per year
• Any recent amendments related to rentals

Also request the HOA's rules and regulations separate from CC&Rs, plus any board resolutions from the last few years. And check if there are pending votes on STR restrictions.

If you plan to rely on rental income, have a real estate attorney review the docs BEFORE you buy. $500 now can save you $50k later.

UPDATE from my situation (posted earlier under a different name): Lost at hearing, had to stop hosting completely. The arbitrator found that the "residential purposes" language in our 2011 CC&Rs was sufficient to prohibit STRs, even without explicit Airbnb language.

I was ordered to pay $12,000 in fines (reduced from $35k) and cease all rentals under 30 days. Also had to pay $4,500 towards their legal fees.

The difference from OP's case: our HOA DID follow proper procedures. They sent violation notices, offered a hearing, followed the fine schedule in the bylaws. When they do things by the book, it's much harder to fight.

Listing the unit for sale now. Can't afford the mortgage without rental income.

@LostHope_Vegas I'm sorry to hear that. Your story and mine are similar - when the HOA does things right and the CC&Rs have any restrictive language, it's really hard to win.

For anyone considering buying: look for buildings with EXPLICIT permission for STRs, or no HOA at all. Ambiguous language is a ticking time bomb.

Atlanta area host here. One thing that helped me was getting other owners on my side. We had a vote coming up on STR restrictions, and I went door-to-door explaining that many owners rent occasionally and a ban would affect property values.

The ban failed 62-38. Democracy works sometimes lol

If your HOA is considering new restrictions, get involved BEFORE the vote. Organize other hosts, attend board meetings, make your voice heard.

Question: has anyone successfully used the argument that STR income is needed for mortgage payments? Like, I literally cannot afford the property without Airbnb income. Does that matter legally?

@JaxBeachJulie - Unfortunately, no. Your financial situation doesn't affect the legal enforceability of CC&Rs. The law doesn't care if enforcing a valid restriction causes you hardship.

This is why it's SO important to understand the rules before you buy. If you purchased counting on rental income that the CC&Rs prohibit, that's considered your mistake.

The only exception might be if you were specifically told by the seller or their agent that STRs were allowed, and that turned out to be false. That could be a misrepresentation claim against them, but it still won't override the CC&Rs.

Quick update on my California situation (mentioned earlier in thread): Our HOA's retroactive ban was struck down! California Civil Code 4741 requires a membership vote for rental restrictions, and they only did a board vote.

But here's the kicker - they're now organizing a proper membership vote for January. If it passes, I'll have to stop eventually. At least I'm getting a few more months of income.

Lesson: winning a battle doesn't always mean winning the war. Start planning your exit strategy.

For anyone dealing with fines, here's a tip from my Texas experience: request an itemized breakdown of the fine calculation. My HOA claimed $28,000 in fines but when I demanded documentation, they could only actually justify $4,200 based on their own fine schedule.

They were essentially making up numbers hoping I'd pay. I ended up settling for $3,000 and agreement to stop (which I was planning to do anyway).

Don't just accept the number they throw at you. Make them prove it.

I've been doing STRs in Florida for 15 years, way before Airbnb existed. Back then we called it "vacation rentals" and nobody cared. Now suddenly everyone's an expert on why it's terrible.

The thing that's changed isn't the rentals - it's that there are SO MANY more of them. When I was one of three vacation rentals in my building, no problem. Now there are 40 units doing it and yeah, it's chaotic.

Not sure what the solution is but I understand both sides. I'm grandfathered but I also see why new buyers might not be.

Just wanted to pop back in and say thanks to everyone who helped with advice on this thread. Still hosting, no issues since the settlement.

One thing I did: I actually joined the HOA's "community engagement committee" so I have a seat at the table now. If they want to change rules, I'll know about it early and can advocate for reasonable policies.

Sometimes the best defense is getting involved in HOA governance. Most people don't bother, which is why a few anti-STR zealots can dominate.

Just found this thread while researching my own HOA issue. If anyone needs to send a formal demand letter to their HOA about improper fines, I found this useful resource: HOA Fine Dispute Letter Templates

Obviousy talk to a lawyer but having a starting template helped me organize my thoughts.

Random data point: I'm in a suburb of Chicago. Our HOA tried to pass a STR ban last year. It failed because Illinois requires 2/3 supermajority to amend CC&Rs and they only got 58%.

So now we're in limbo - no ban but a significant portion of owners are hostile to STRs. Makes for awkward HOA meetings lol

Check your state's requirements for CC&R amendments. The threshold varies a lot (some states only need majority, others need 75% or more).

California host chiming in. One thing we have here is a requirement that HOAs can't prohibit ADU rentals (accessory dwelling units) even if they ban other STRs. State law preempts HOA rules for ADUs.

So I converted my garage to an ADU with permits, and now the HOA can't touch it. Cost me $80k for the conversion but the rental income makes it worth it.

Not applicable everywhere but worth looking into state-level preemption laws that might apply to your situation.

Genuinely curious - for those who "won" against their HOA, how's the relationship with your neighbors now? I feel like even if I beat them legally, I'd have to live with people who are angry at me.

Is it worth the social cost?

@SkepticalPete - Honestly, it's been fine. Most of my neighbors didn't even know about the dispute. The people pushing the fines were the HOA board president and one other board member who are anti-Airbnb zealots.

Since joining the committee, I've actually made some allies. Turns out several other owners were quietly renting too and were relieved I fought it.

The key is being a good neighbor regardless. I introduced myself to adjacent units, gave them my number in case of any issues, keep the property nice. People care more about that than some legal dispute they weren't involved in.

@SkepticalPete - In my case the board was actually embarrassed they overreached. The president apologized to me at the next annual meeting and said they'd "learned a lesson about proper procedures."

Most HOA disputes are with the board, not your actual neighbors. Your neighbors probably don't know or care what's happening in the legal weeds.

NY attorney here - just want to add that New York has some of the strictest STR laws in the country. Local Law 18 in NYC basically killed Airbnb in most apartments. HOA issues are secondary when the city itself has banned what you want to do.

Before fighting your HOA, make sure your city/state even allows STRs. No point winning against the HOA if you still can't legally operate.

For those looking at NY properties specifically, check out our NYC STR violation response guides.

Hawaii is another state with complex STR rules. We have county-level regulations that vary by island, plus state GET tax requirements, plus potential HOA restrictions. It's a maze.

My Maui condo association recently tried to ban STRs but Maui County actually requires them to allow rentals in certain zones. So the county trumped the HOA. Wild situation.

Point being: the interaction between state, county, and HOA rules can work FOR you sometimes, not just against you.

Adding a cautionary tale: I thought I was grandfathered because I started renting before our HOA's new rule. But I had STOPPED for 8 months during COVID and the arbitrator ruled I "abandoned" my rental use during that gap.

The lesson: if you're claiming grandfathering, document continuous rental activity. Even during slow periods, keep some bookings on the calendar. Don't let gaps appear in your rental history.

@JBfromPHX raises a crucial point. "Abandonment" of rental rights is a real legal concept. The threshold varies by jurisdiction, but generally:

• Brief pauses (few weeks/months) usually OK
• Extended gaps (6+ months) can be problematic
• Intent matters - if you tell anyone "I stopped renting," that hurts you
• COVID was a unique situation and some courts gave leeway, but not all

If you need to pause for any reason, keep records showing your intent to resume. Maybe keep your listing active but with dates blocked, or switch to longer-term rentals temporarily.

This thread has been incredibly educational. Bookmarking for future reference.

For anyone new to HOA disputes, I'd also recommend checking out general HOA violation response templates. The principles are similar whether it's STR issues, parking violations, or architectural changes.

FINAL UPDATE on my Broward situation: HOA formally withdrew the fine and acknowledged I'm grandfathered! Never even had to go to a hearing - they backed down completely after my lawyer's second letter threatened to seek attorney fees if we had to arbitrate.

Total legal cost: $4,800. Amount saved: $35,000+ in claimed fines.

This thread literally saved me five figures. Thanks to everyone who contributed, especially @REAttorney_FL for the legal guidance.

@RealEstateRick_FL congrats!! So happy it worked out. The threat of attorney fee recovery really does change the calculus for HOAs.

For anyone still fighting: document everything, hire a specialist attorney, know your procedural rights. HOAs overreach constantly because most people just pay. Don't be most people.

Great thread overall. As someone on the "other side," my final advice to hosts:

1. Be a good neighbor first - most conflicts start with legitimate complaints
2. Know your rights but don't be a jerk about it
3. Get involved in HOA governance before there's a problem
4. Document everything always
5. Consult a lawyer BEFORE you start hosting, not after you get a fine

And to fellow board members: don't let a few complaints drive you to overreach. Follow proper procedures, be reasonable with fines, and try to find compromise solutions. We all have to live together.

FINAL UPDATE - RESOLVED: Closing out this thread with the full resolution for anyone who finds it in the future.

Final outcome:

• $365,000 in fines -> $0 (completely waived)
• Grandfathered status confirmed in writing - I can continue hosting
• HOA paid half my legal fees ($1,250 reimbursed)
• Reasonable compromise - I register my unit and accept responsibility for guest conduct

What made the difference:

1. The HOA failed to follow their own procedures for rule changes
2. They exceeded their own bylaws' fine limits ($500/day vs $100/day max)
3. No notice of violation before the massive fine letter
4. Having an experienced condo attorney who knew Florida law

Advice for others facing HOA STR disputes:

• Get a Florida condo attorney IMMEDIATELY - $2,500 saved me $365k
• Check if the HOA followed proper procedures for rule changes
• Look for grandfathering protections under Florida Statute 718.110(13)
• Request all documentation - board minutes, fine schedules, amendment records
• Don't panic at big numbers - HOAs often bluff with inflated claims
• Get involved in HOA governance to prevent future issues

Thanks to everyone who contributed advice, especially @REAttorney_FL for the legal guidance. This community helped me fight back when I thought I was going to lose everything. Still hosting, still happy, and now on the HOA committee to make sure this doesn't happen to others.