Florida is home to more than just natural beauty, wildlife, wide beaches and golf courses. It serves also as a vacation spot and a retirement destination for many throughout the country. Right now, Florida is at risk of losing the important relationship between short-term residents and part-time property owners in a way that is damaging for all involved. 

A typical scenario for many permanent residents in Florida is that they get their start as a vacationer, or temporary resident, some opting to spend a month or two out of the year here. Many of these vacationers fall in love with all we have to offer and often decide to purchase a house or condo so that they may, upon retirement, call Florida home full time. Of course, the cost of owning and maintaining a vacation home is not cheap by anyone's standards. Not to mention that they have a home in some other part of the country as well. What is the simplest answer? Many buy property where the condominium association's covenants allow them to rent out their home when it is not in use thus subsidizing their carrying costs. 

Only now, many of these owners are facing losing this right. Some condo associations are beginning to limit the amount of time owners can rent their units. This is occurring in different ways throughout the state. In the Florida Keys, city ordinances were passed to limit short-term rentals. Similar initiatives were attempted in Fernandina Beach as well, but were not passed. And today, a condo owner on Amelia Island is battling against his association for his property rights. Seven years ago, Steve Comley purchased a Piper Dunes North luxury condo. He, like many others, counted on being able to rent his condo in order to be able to afford the associated costs. He and his wife plan to retire to Florida and live in the unit full-time in the future. Since his purchase, he has been able to rent the unit to a small group of tenants for about a month at a time. Although no full time resident of his condo complex has ever complained, the association voted to amend its initial covenants, limiting rentals to a minimum of six months. None of Comley's tenants were interested in this length of stay and thus, would not return. So Comley is stuck with the decision he made seven years ago. Even though he intends to keep his condo, he hopes to change Florida law to protect people like himself. 

The impacts of rental limiting initiatives are not only significant to condo owners, but also to the state as a whole. Without so called "snow birds" renting condos or homes, the state's economy would suffer. These short-term residents play golf, eat out in restaurants, enjoy cultural events as well as patronize other businesses just like full-time residents, putting revenue into our communities' hands. However, they are not burdensome on infrastructure by using our schools and social services. Secondly, the state's tax revenues would begin to suffer because of fewer owners purchasing condos in Florida. Without an ability to subsidize the finances associated with owning a property, many owners looking to buy may decide the cost is too great, thus driving down real estate prices. That costs the state and local communities valuable tax revenues. Finally, once the owners do retire in Florida, they become a member of one of the most stable groups in Florida's economy. These mature groups of residents generate new jobs and account for much of the growth in the retail, hospitality, golf and restaurant industries. Without these owners, Florida will have to compete that much harder for lucrative "retiree revenue." 

So, how can we protect condo owners' rights and one of Florida's most valuable industries in the future? First, developers can put in place covenants that protect owners from changing covenants and allow for short-term rentals. They will also need to place in the covenants that any change to the initial guidelines only be passed with a 90 percent approval rating instead of this historic figure of 75 percent. This would limit the chance of discriminatory actions among full-time and part-time owners and the associations still retain the right to make their own rules and regulations. 

Second, if associations choose to prohibit short-term rentals, owners that have counted on such rentals for income could be grandfathered in, or associations could come up with a formula to reimburse owners who are deprived of the income. This is what Comley is asking the Legislature to do. 

As Comley takes his case to the Legislature, he realizes that any legislation will probably not help him, but he hopes it will give relief to those going through the same situation. He has captured the support of Sen. Jim King, president of the Florida Senate, and Rep. Aaron Bean as well as countless home owners throughout the state.