The Amendment

The Declaration currently states leases shall not be subject to prior written approval — even though it also references lease applications and "approval procedures." That mismatch creates confusion and makes the rules harder to enforce.

Removing the word "not" fixes the contradiction by clearly stating the intended standard: leases must be approved in writing before a tenant can move in.

Chapter 718, Florida Statutes, explicitly permits condominium associations to approve or deny tenants when such authority is granted in the declaration. The DBPR recognizes leasing approvals as an important tool for good governance and resident safety. flsenate.gov →

Applications must be submitted at least 20 days prior to the intended lease start date. The Board may require a personal interview, background investigation (criminal, residential, civil litigation history), and a transfer fee.

The Association will use Tenant Evaluation — the same vendor as the North Tower — as the third-party screening provider. Each applicant pays a $150 fee directly to Tenant Evaluation. Background reports typically return within 24–48 hours.

Since adoption of this framework in the North Tower in 2021, only five (5) lease applications have been denied — all due to criminal background findings. Such cases are rare.

Only individuals listed on and approved under the lease may reside in a unit. Any additional occupant — including a spouse or partner added later — must go through the same application, screening, and orientation process.

Short-term guests are welcome for limited stays per existing guest policies. Individuals staying beyond the applicable guest period may be considered occupants and required to register with the Association. Unauthorized occupancy triggers automatic withdrawal of the lease application and the Association may pursue eviction, with costs borne jointly by the lessee and owner.

Owners who are not current on their financial obligations to the Association may not lease their units unless: (a) the account is brought fully current, or (b) a formal payment agreement is established and approved.

In certain circumstances, rent payments may be directed to the Association to reduce the owner's delinquency. This is permitted under Florida law and has been used previously as a practical and effective solution.

When owners fall behind on payments, the financial impact is often shifted to the rest of the community through higher costs, delayed repairs, or special assessments. This amendment closes that gap without restricting leasing for responsible owners.

The Board is authorized to promulgate further use restrictions regarding leasing from time to time. If the Association disapproves a lease application or prospective lessee, the lease cannot be made. No obligation to the owner or prospective tenant is created by a denial.

This does not give the Board unchecked power. Any meaningful change still requires owner approval, and state law places clear limits on Board authority. Florida House Bill 1203 (2024) significantly limits HOA power while increasing transparency, accountability, and owner protections. HB 1203 →

Without this authority, common areas have been used as waiting rooms and temporary rest areas by short-term rental guests — causing accelerated wear and diminishing the residential experience for all owners.

A minimum lease term of 90 days is established. If a tenant vacates before the 90-day term ends, the owner may not introduce a replacement tenant until the original period has elapsed. This limits leasing activity to no more than four (4) lease periods per year.

These provisions do not affect existing leases. They apply prospectively only — after the amendment is fully approved and recorded. All leases in effect at the time of recording are expressly grandfathered, ensuring a smooth and fair transition.

During the peak of short-term rental activity, multiple 30-day leases were submitted within the same period — often explained by claims that tenants left after only a few days. This effectively allowed continuous leasing within a single month. See the documented pattern →

No owner may publish any advertisement — on TV, radio, internet, or print — indicating a unit may be leased for less than 90 continuous days. This includes: listings that claim compliance, partial or shared rentals (individual rooms), and cases where an owner represents the unit as a primary residence while renting any portion of it.

Individuals arriving who are not already residents or approved tenants shall be treated as unauthorized short-term renters — not as guests — so long as a unit is advertised for short-term rental. Owners found in violation may have their right to lease suspended for a period determined by the Board.

A small number of owners benefit financially from non-compliant rental practices, while the broader community bears the consequences — increased maintenance costs, higher assessments, and diminished quality of life. Clear restrictions support safety, reduce risk, and preserve property values. Miami code board enforcement →