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.

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

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.