A proposed overhaul of rental rules affecting more than 3,100 homes in Coral Springs and Parkland has been delayed following strong opposition from property owners.
Landlords in Heron Bay, one of Broward County's largest master-planned communities, are pushing back against proposed association rules they say would interfere with property rights and make conventional long-term rentals unnecessarily difficult.
The Heron Bay Community Association governs more than a dozen subdivisions containing approximately 3,100 homes across Coral Springs and Parkland.
Under the original proposal, owners would have been limited to one lease per unit during a 12-month period. The restriction reportedly would have applied even when a tenancy ended early because the tenant broke the lease, was evicted or died.
A landlord who regained possession after only a few months could therefore be prevented from placing a replacement tenant until the original 12-month period expired. During that time, the owner would remain responsible for the mortgage, association assessments, taxes, insurance and maintenance—without rental income to cover those expenses.
Orientation Required for Every Lease
The proposed rules would also have required landlords to complete an association orientation for each new lease and every renewal.
Renewing tenants would reportedly have been required to sign a new lease and repeat the association's registration process. Critics characterized these requirements as administrative obstacles intended to discourage owners from operating rental properties within the community.
The proposal also sought to give the association substantial authority over tenants. Its provisions reportedly would have:
- Permitted the association to pursue eviction of a tenant for violating the governing documents.
- Prohibited a tenant with two or more violations from renewing a lease.
- Prevented such a tenant from renting another home anywhere within Heron Bay.
- Imposed certain consequences on tenants that critics claimed would not apply equally to owner-occupants.
Whether every provision could have been lawfully adopted or enforced would depend upon Florida law, the association's declaration and the procedures used to approve the changes.
An association cannot simply remove a tenant itself. Any eviction must proceed through the legal process established by Florida law and ultimately requires a court judgment and sheriff-executed writ of possession.
Owners Organize Against Proposal
Opposition grew quickly among Heron Bay owners. Approximately 250 owners reportedly voiced objections, with some warning that legal action could follow if the restrictions were adopted.
A packed association meeting called to consider the proposal reportedly became so crowded that some residents were turned away. The board ultimately delayed the vote and reportedly withdrew or rolled back most of the disputed provisions. No new voting date had been publicly confirmed as of the latest reporting.
The controversy nevertheless remains important for Florida landlords because it illustrates how quickly an association can attempt to change the economics of owning rental property.
Florida Statute 720.306 generally provides that an HOA rental restriction adopted after July 1, 2021, applies only to an owner who acquires title after the restriction becomes effective or an existing owner who consents to it.
There are important exceptions. An association may adopt restrictions regulating leases shorter than six months or limiting rentals to no more than three times per calendar year, with those restrictions potentially applying to all owners.
Whether Heron Bay's proposed one-lease-per-year rule would fall within an exception—or could be applied to existing owners—would likely require a close legal review of the exact language.
Paul's Take
An association may have a legitimate interest in knowing who occupies its properties and enforcing reasonable community standards. But preventing a landlord from obtaining a replacement tenant after an eviction, death or lease abandonment does not merely regulate leasing—it can effectively force the owner to leave a perfectly rentable home vacant.
That does nothing to improve safety or property values. It simply transfers the financial consequences of a tenant's unexpected departure entirely to the property owner.
Florida landlords purchasing property within an HOA should never ask only, "Are rentals currently allowed?" They should also review:
- How frequently a home may be rented
- Minimum lease terms
- Tenant-screening and registration requirements
- Pending amendments
- Association enforcement authority
- Whether existing owners are grandfathered
- How early termination affects the right to re-lease
The Heron Bay dispute is a reminder that rental rights can become a major community issue even in associations where owners have leased properties for years.
Sources: The Real Deal's initial report and follow-up report on the delayed vote.
