Friday, June 11, 2010

Miami Beach Bans Vacation Condo Rentals Just in Time to Stop Summer Travelers

The City Commission voted Wednesday June 9th, 2010 to codify rental restrictions adopted by the Flamingo Park Neighborhood Association:

* No rentals allowed for less than six months.
* Rental restriction supersedes condominium association rules.
* Several properties in the Flamingo Park area may be eligible for grandfathering.

The City will apply the ban city-wide, and grandfathering will not apply in other zones unless approved by neighborhood groups.

In 2009, planning officials had recommended allowing weekly rentals in Flamingo Park and other multi-family areas, following a vote by the Land Use Committee in 2008 recommending that weekly rentals be allowed.

This new law sets a precedent that neighborhood associations should be given deference by the City Commission when passing zoning laws, rather than planning officials.

Complaints about short-term rentals by leaders of the Palm-Hibiscus-Star Islands Homeowners Association also led to the adoption of a 6 month rental ban in single-family neighborhoods in 2009.

Short-term rentals have continued there despite the ban, leading some to claim preferential treatment is given to celebrity property owners.

It is expected this property rights issue will continue to gather attention as litigation continues and ensues in both residential zones, as well as throughout the State of Florida.

Friday, June 4, 2010

Miami Beach to Vote Again on Condo Rental Ban

Due to a postponed meeting last month, today, Wednesday June 9, 2010, at 5PM, the City Commission will hold a public hearing and debate whether or not to ban rentals less than six months in multi-family areas of South Beach, Middle Beach, and North Beach.

The current legislative strategy seeks to avoid re-hearing the Special Master's ruling that short-term rentals are presently legal in multi-family areas, and instead codifies rental restrictions adopted by the Flamingo Park Neighborhood Association:

* No rentals allowed for less than six months
* Rental restriction supersedes condominium association rules.
* Several properties in the Flamingo Park area may be eligible for grandfathering based on criteria adopted by the Flamingo Park Neighborhood Association.

The City will apply the ban city-wide, and grandfathering will not apply in other zones unless approved by neighborhood groups.

More information can be found in the Commission Agenda at: www.miamibeachfl.gov

A complete history of this issue, beginning with the short-term rental of single-family homes in Miami Beach, can be found on this website.

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We are a grass-roots coalition of property owners dedicated to protecting the rights of property owners in Miami Beach, Florida. If your property rights are being threatened we want to hear from you. This website is intended for informational purposes only, reflects various opinions of our members, and is not intended as legal advice. Do not rely on the opinions or information stated herein as legal advice.