In June 2011, Governor Rick Scott signed a new law that prohibits local governments from restricting short-term rentals.
Ironically, while Miami Beach failed to grandfather short-term rentals in single-family neighborhoods when it passed a ban on rentals 6 months or less in 2009, Miami Beach lobbied the State to "grandfather" their rental ban.
As a result, Miami Beach's rental ban was "grandfathered in" by Governor Scott.
Thus, Miami Beach's ban on short-term rentals in single-family neighborhoods, as well as bans in Sarasota County, and the Florida Keys, remain in full force and effect until and unless overturned by the Courts.
To read the full story, click here.
Wednesday, July 13, 2011
Venice, FL Suspends Short-Term Rental Ban in Wake of New Lawsuit
In March, 2011, Venice, FL officials suspended their short-term ban in the wake of a new lawsuit against the City by property owners who never received their "grandfather rights".
The City is currently awaiting a ruling by the Second Court of Appeals as whether their short-term rental ban is constitutional.
To read the full story, click here.
Meanwhile, a new group of property owners claim they, like Martha Gwynn who recently won a suit against the City, were denied an opportunity to be grandfathered by the City's rental ban .
To read the full story, click here. To read or download the legal complaint, click here.
The City is currently awaiting a ruling by the Second Court of Appeals as whether their short-term rental ban is constitutional.
To read the full story, click here.
Meanwhile, a new group of property owners claim they, like Martha Gwynn who recently won a suit against the City, were denied an opportunity to be grandfathered by the City's rental ban .
To read the full story, click here. To read or download the legal complaint, click here.
Court Rules Against Jupiter, FL's Short-Term Rental Ban
In 2008, Jupiter, FL's code compliance department began issuing zoning violations to property owners caught renting "short-term". Much like Miami Beach, prior to 2009, there was an absence of rental restrictions in the zoning code determining the length of rentals for single-family homes.
In 2009, Jupiter, FL took property owners Alex and Holly Bondar to court, seeking a "declaratory judgment action" against the Bondars' "short-term rentals.
The Bondars responded that the City had taken their property rights without due process, as the City had never adopted any restrictions into the City Code.
In December 2010, the court ruled against Jupiter, FL, and in favor of the Bondars, who had retained the non-profit Pacific Legal Foundation as representation.
To read more the full story, and download the ruling, click here.
In 2009, Jupiter, FL took property owners Alex and Holly Bondar to court, seeking a "declaratory judgment action" against the Bondars' "short-term rentals.
The Bondars responded that the City had taken their property rights without due process, as the City had never adopted any restrictions into the City Code.
In December 2010, the court ruled against Jupiter, FL, and in favor of the Bondars, who had retained the non-profit Pacific Legal Foundation as representation.
To read more the full story, and download the ruling, click here.
Venice, FL Short-term Rental Ban Unconstitutional says Judge
When Venice, FL passed a law banning short-term rentals less than 30 days in single-family neighborhoods, the City failed to grandfather Martha Gwynn because she didn't meet criteria the City required for grandfathering by the City's deadline.
In November 2010, an appellate Judge ruled that the City's ordinance was unconstitutional because it had improperly taken Ms. Gwynn's right to rent her property short-term. The Court ruling reinstated Ms. Gwynn right to rent short-term even though she failed to comply with the City's grandfathering rules.
To read the full article, Click Here.
Click the following link to read and download the Ruling in the Venice short-term rental case
In November 2010, an appellate Judge ruled that the City's ordinance was unconstitutional because it had improperly taken Ms. Gwynn's right to rent her property short-term. The Court ruling reinstated Ms. Gwynn right to rent short-term even though she failed to comply with the City's grandfathering rules.
To read the full article, Click Here.
Click the following link to read and download the Ruling in the Venice short-term rental case
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About Us
- Miami Beach Property Rights
- 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.
