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.