What to Do When an HOA Won’t Let You Rent Because There’s “Too Many” Rentals

By Jorge Vazquez, CEO of Graystone Investment Group

A few weeks ago, my agent Kenrick Gleckler called me up, frustrated but calm.

“Jorge,” he said, “my client’s trying to rent out their townhouse, and the HOA is shutting it down. They said, ‘Sorry, we’ve already hit the max number of rentals.’ Just like that. No warning. No explanation.”

Now, Kenrick’s no rookie—he’s sharp, thoughtful, and always checks the documents. So naturally, he asked them: “Where exactly is that rule written?”

Crickets.

The HOA eventually sent him a random amendment document, supposedly showing the rental cap. He read it. The owner read it. Then they both read it again. Guess what?

No cap mentioned. No leasing ratio. No numbers. Just some generic HOA legal language—nothing enforceable.

So Kenrick looped me in. I pulled up the rest of the governing documents myself: the full CC&Rs, the leasing policies, the rules and regulations. And guess what I found?

Absolutely nothing.

And I’m not surprised—because this isn’t a one-off case. This is happening to investors and homeowners across Florida. HOA boards are verbally enforcing rules that don’t actually exist in writing.

That’s why I’m writing this article. If your HOA ever tells you, “You can’t rent because there’s already too many rentals,” here’s exactly what to do—step-by-step.

Step 1: Don’t Panic. Ask for the Rule.

First thing’s first—don’t lose your cool.

Most HOA boards like to sound confident. They say things like “it’s the rule” or “everyone knows this.” But unless it’s in writing, none of it matters.

So stay calm and ask a simple question:

“Can you point me to the section in the governing documents that lists this rental cap or leasing restriction?”

You’re not being combative. You’re being professional. And most importantly—you’re putting the burden of proof where it belongs.

Step 2: Get All the Governing Documents—Not Just What They Send You

When a board sends you one amendment or a clipped PDF, don’t settle. You need the whole package:

• The Declaration of Covenants, Conditions & Restrictions (CC&Rs)

• The Bylaws

• The Rules and Regulations

• All Leasing/Rental Policies

• Amendments (recorded and date-stamped by the county)

And here’s a pro tip: Many HOAs don’t even realize they need to record amendments with the county to make them enforceable.

So check the recording stamps. If it’s not filed, it’s just a suggestion—not a rule.

Step 3: Check Florida Statute §720.306(1)(h)

Let’s bring in the law.

Under Florida law, HOA rental restrictions can’t just appear one day and apply to everyone. Here’s the short version of what the law says:

If the rental restriction was passed after you bought the property—and you didn’t vote for it or agree to it in writing—it can’t be enforced against you.

It’s called being “grandfathered in.” You bought your property with a certain set of rules, and the HOA can’t just change the game mid-play unless you agree to it.

This is huge for investors.

So if the HOA claims there’s a rental cap, ask when the rule was passed and whether your property was affected. And again—make them show you in writing.

Step 4: Call Their Bluff

Let’s say the HOA still won’t back down. They’re sending vague responses or just repeating, “It’s the rule.”

Time to level up your language.

Send them something like this:

“After reviewing the governing documents, we have not found any recorded or enforceable rule stating a rental cap or limit on leased units. Please provide the specific section number, amendment, and adoption date. Otherwise, we will proceed with leasing in accordance with the current recorded rules.”

Nine times out of ten, this is where things suddenly quiet down. Why? Because they know they don’t have a legal leg to stand on.

Step 5: Bring in a Real Estate Attorney (If Needed)

If they still play hardball, it’s time to bring in a professional.

You don’t need to sue. You just need a letter from a Florida real estate attorney stating the obvious:

“There is no enforceable, recorded rental cap in the documents. Any attempt to restrict leasing may be in violation of Florida Statute §720.306.”

Usually, this does the trick. HOA boards don’t want lawsuits. They want submission. But if you push back—calmly, legally, and clearly—they usually fold.

Why Some HOAs Try to Block Rentals (Even Without Rules)

Let’s be honest: not every HOA board is evil. But some do get carried away. Here’s why they might try this:

• Control freak mentality – They just want to control who lives there.

• Fear of change – Some owners think renters bring down property values (not true when done right).

• Lender pressure – Communities with too many rentals can scare off lenders.

• Noise from a few owners – Sometimes one or two vocal residents push the board to act “for the good of the community.”

But no matter the reason, if the rule isn’t properly documented, it’s not enforceable. Period.

What If You Rent Anyway?

Let’s say you’ve reviewed the docs. No restriction is found. You notify the HOA and they don’t respond with proof. What if you go ahead and rent the unit?

You might get a warning. You might even get a fine. But here’s the truth:

If there’s no rule on paper, they can’t enforce anything meaningful. And any fine they try to issue can likely be disputed or ignored—especially with an attorney backing you up.

Just document everything. Keep copies of:

• All email exchanges

• Screenshots of documents

• Lease agreements

• Communication with your agent or manager

This shows you acted in good faith.

Real Case Study: We Rented It Anyway

Let me tell you about a recent investor we helped. Similar situation: HOA said “no more rentals,” but couldn’t point to a rule.

We pushed back. Asked for proof. The board danced around it for a week. So we sent them a professional message and went forward with the lease.

Guess what?

Crickets. Not a single letter, not a single fine. Why? Because they knew they didn’t have a legal basis to fight it.

Update from Kenrick’s Case

Kenrick – Licensed Realtor & Investor

Back to Kenrick. After getting that vague amendment from the HOA, he followed up.

“I read through the rules and regulations first,” he told me, “and there was a section on leasing, but it didn’t say anything about a cap. The owner read it too—same result.”

So when the HOA sent over the amendment claiming it had the rental rule, Kenrick asked them, “Can you show me exactly where the cap is listed?”

They’ve gone silent since.

At the time of writing this, Kenrick’s client is still waiting on a response. But the smart money says they won’t get one—because the rule doesn’t exist.

Don’t Let the HOA Bully You

If there’s one takeaway I want you to remember, it’s this:

Your HOA can only enforce what’s written, recorded, and legally compliant.

Everything else? Empty threats.

And if you’re an investor in Florida, especially in townhomes or condos, make this part of your due diligence before you close:

• Read all the docs

• Ask about rental restrictions

• Check recording dates

• Know your rights under Florida law

The truth is, most investors never even look. They trust the board is being fair. But when that trust is broken, you need to know how to push back.

Keep it consistent, stay patient, stay true—if I did it, so can you.
This is Jorge Vazquez, CEO of Graystone Investment Group and all our amazing companies, and Coach at Property Profit Academy.
Thanks for tuning in—until the next article, take care and keep building!

If you’d like to connect directly with me, feel free to book a time here:
📍 https://graystoneig.com/ceo

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