Hillsborough HOA short-term rental rules

Hillsborough HOA short-term rental rules: Policy Options for Hillsborough HOAs

The rise of platforms like Airbnb and Vrbo has introduced new challenges—and opportunities—for homeowners’ associations across Hillsborough County. While some residents see short-term rentals as a way to maximize property value, others worry about noise, parking, and community disruption.

If your HOA board is considering regulating—or updating—short-term rental policies, this guide outlines your legal options, enforcement tools, and best practices tailored to the Hillsborough County area.

 

Why Hillsborough HOAs Are Reassessing Short-Term Rentals

Short-term rentals may lead to:

• Increased foot traffic and parking congestion

• Unfamiliar guests entering gated or private communities

• Wear and tear on amenities like pools and clubhouses

• Noise complaints and safety concerns

• Insurance and liability risks for the association

At the same time, limiting rentals can affect property values or trigger legal disputes if not handled properly.

 

What Florida Law Allows

Under Florida Statute 720, HOAs have the authority to regulate leasing—including short-term rentals—if those rules are clearly written in the governing documents.

However:

• Florida law prohibits local governments from banning short-term rentals altogether, unless grandfathered in

• Associations must follow their declaration of covenants, not just rules or resolutions

• Rental restrictions cannot be applied retroactively without homeowner approval (usually a membership vote)

If your current documents are silent or unclear about short-term leasing, your HOA may need a formal amendment.

 

Common Policy Options for Hillsborough HOAs

1. Minimum Lease Periods

Set a minimum duration (e.g., 6 months, 30 days) to discourage nightly or weekend stays.

Pros: Reduces turnover and party risks
Cons: May affect owners who rely on rental income

2. Rental Caps or Limits

Restrict the number or percentage of homes that can be rented at any one time.

Pros: Preserves owner-occupancy ratios for financing and insurance
Cons: Requires tracking and enforcement

3. Registration Requirements

Require owners to register rental activity with the HOA and provide tenant contact info.

Pros: Improves accountability and safety
Cons: Requires administrative oversight

4. Guest Rules and Violations

Create rules that hold owners responsible for guest behavior (noise, trash, amenity use, parking).

Pros: Helps preserve community standards
Cons: Must be clearly documented and consistently enforced

5. Complete Ban on Short-Term Rentals

Some communities prohibit rentals under a certain number of days outright.

Pros: Offers the strongest protection against disruption
Cons: Often requires a supermajority vote and legal review to amend the declaration

 

Enforcement Tools for HOAs

Once rules are in place, enforcement matters just as much as policy language. Effective tools include:

• Fines and suspension of amenity access

• Written warnings and violation notices

• Attorney demand letters for repeat offenders

• Clear procedures for hearings and appeals

Boards must enforce rules consistently and in compliance with Florida HOA laws to avoid legal pushback.

 

Best Practices for Policy Implementation

• Consult a Florida HOA attorney before proposing new restrictions

• Hold informational sessions for residents before votes or amendments

• Distribute FAQs explaining how rules affect new and existing owners

• Use management software or portals to track rentals and violations

• Monitor rental activity with address-based alerts or third-party tracking tools

 

Balance Flexibility with Protection

In Hillsborough County’s mix of suburban, urban, and waterfront communities, there’s no one-size-fits-all answer to short-term rentals. Some HOAs benefit from flexible policies with clear guest conduct rules, while others may require stricter limits to preserve peace and security.

Whatever your approach, the key is to make your rules legal, enforceable, and clearly communicated.

Need help drafting or reviewing your short-term rental policy?
Our team works with HOA boards throughout Hillsborough County to create custom leasing guidelines that protect the community—and respect owners’ rights.

Let’s find the right fit for your neighborhood.