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.
