Guide to short-term rental condos in South Florida

July 26, 2024
guide to short term rentals in south florida by chic living miam. discover all the buildings n south florida that allow short term rentals

Discover all the buildings in South Florida that allow short-term rentals

Miami has long been the playground of choice for beach lovers, partygoers, and tourists. This constant demand makes Miami an ideal location for condo hotels. Major hospitality brands increasingly invest in this concept, blending luxury living with hotel amenities.

What Exactly is a Condo Hotel?

A condo hotel is a unique property that blends condominium ownership with hotel services. Owners can enjoy their unit as a vacation home and rent it out through the hotel’s management.

Why is it a Good Investment?

  • Income Potential: Generate rental income when not using the unit.
  • Luxury Amenities: Access high-end amenities like pools, spas, and concierge services.
  • Hassle-Free Management: Hotel management handles rentals and maintenance.

Why Choose a Condo Hotel Over a Traditional Condo or Timeshare?

  • Flexibility: Unlike timeshares, you fully own the unit.
  • Revenue: Earn income when you’re not occupying the unit.
  • Convenience: Enjoy the benefits of hotel services and amenities.

With companies like Airbnb, VRBO, and others, rental properties in Miami are a hot commodity if the building allows it. Condo hotels are a great option for using Airbnb rentals since they already offer a hotel’s services and have flexible rentals.

Can a Condo Hotel be Financed?

Yes, a condo hotel can be financed, but it can be more challenging than traditional residential properties. Here are some key points to consider:

  • Lender Selection: Not all lenders offer financing for condo hotels, so it’s important to find those specializing in this property type.
  • Loan Terms: Expect different terms and conditions, potentially including higher interest rates and larger down payments.
  • Property Eligibility: Lenders may have specific criteria for the condo hotel, such as its location, brand, and management quality.

Short-Term Vacation Rentals

 The Board of County Commissioners has adopted a policy to regulate short-term vacation rentals. The ordinance city of Miami

A short-term vacation rental is any dwelling unit or residence including, but not limited to, any unit or group of units in a condominium, cooperative, or apartment building that is rented in whole or in part to a transient occupant for a period of less than 30 days or one calendar month, whichever is less.

Complete standards and requirements for short-term vacation rentals can be found in Section 33-28 of the Miami-Dade County Code of Ordinances. All property owners in unincorporated Miami-Dade County or their responsible parties who wish to rent out their homes for short periods must know and comply with all the ordinance requirements. For properties located within a municipality, the owner or responsible party must contact the municipal government for its regulations.

Requirements

Vacation rentals must be licensed by the State of Florida, including registration with the Florida Department of Revenue for tax purposes, and must comply with all applicable state laws.

Responsible parties must obtain a Certificate of Use (CU) before listing and advertising the property on any peer-to-peer platform. The cost is $36.70 per certificate. Upon applying for a CU, a property inspection will be scheduled. The cost for the inspection is $89.97, plus a $9.50 surcharge, for a total of $136.17. A new CU must be obtained annually at the same cost. You can apply for a new CU before or on the day that the current CU expires. If a property does not pass inspection or if it has outstanding fines or liens for violations of this code, a CU will not be granted.

Whenever a property is being used as a vacation rental, the CU must be displayed in a conspicuous location that is visible to guests within the vacation rental and must include, at a minimum, the name, address, and phone number of the responsible party and the maximum occupancy of the vacation rental.Back to Top

Regulations

For each vacation rental, the responsible party must comply with the following regulations:

Maximum occupancy
The maximum overnight occupancy for vacation rentals is up to 2 persons per bedroom, plus 2 additional persons per property, up to 12 persons, excluding children under 3 years of age. 

Responsible party onsite
The Responsible Party must reside for more than six months per calendar year in the property offered as a vacation rental. The rental of the property may occur at the same time that the Responsible Party is residing there. This applies to properties designated as Estate or Low-Density Residential on the CDMP Land Use Plan Map only. There are no residency restrictions in the other land use categories.

Sexual offenders and sexual predators
The responsible party is required to obtain confirmation of a nationwide search from the Miami-Dade County Police Department or other law enforcement agency that the prospective transient occupant is not a registered sexual offender or a sexual predator as a result of a conviction of a sexual offense, as defined in Section 21-280. 

If the vacation rental property is within 2,500 feet of a school, under Section 21-281 it is a violation of this section for a sexual offender or sexual predator to occupy the property for a period of 4 or more days in any month.

The responsible party may call the Miami-Dade County Answer Center (311) to obtain assistance or referrals to determine whether a prospective transient occupant is a sexual offender or predator and to determine whether a residence is 2,500 feet from a particular school. If the vacation rental property is within 2,500 feet of a school, it will be a violation to allow any person to occupy the property with the knowledge that such person is a registered sexual offender or registered sexual predator in any jurisdiction.

Swimming Pools
If there is a swimming pool onsite, the responsible party must ensure that the swimming pool has in place at least one of the pool safety features listed in Section 515.27, Florida Statutes, (i.e., pool safety barrier, pool safety cover, pool alarm, or door latch/alarm) prior to use of the property as a vacation rental by any person under the age of six. This provision shall not apply to a vacation rental with a community swimming pool onsite, such as in a condominium, as determined by the Director. Compliance with this provision shall be in addition to Section 33-12 of this code pertaining to swimming pool fences.

The responsible party must also comply with all residential requirements about solid waste disposalnoisepublic nuisanceparkingadvertising and pets, as well as with all other applicable local, state, and federal laws, regulations, rules, and standards, including, but not limited to, those pertaining to anti-discrimination, disability, and fair housing.

In addition, the responsible party must:

  • provide written notice to transient occupants, before occupancy of the vacation rental, of the vacation rental standards and regulations for noise, public nuisance, vehicle parking, solid waste collection and common area usage. This information must also be posted inside the rental property;
  • provide notice to prospective transient occupants at the time the property is listed as a vacation rental of any limitations on the property about access for the disabled;
  • provide notice to the homeowner’s association or condominium/cooperative association or board, if any, that the property will be used as a vacation rental and adhere to all policies, rules, and regulations of such association or board pertaining to vacation rentals;
  • promptly address and report any violations of this section or of such other law or regulation of which the responsible party knows or should know to the Department or law enforcement, as appropriate, as well as to the peer-to-peer or platform entity;
  • ensure that any violations regarding the rental of the property are able to be promptly addressed and resolved 24 hours a day/7 days per week; 
    maintain a register with names and dates of stay of all guests, including but not limited to all transient occupants and their invitees, which shall be open to inspection by the County.

Enforcement

Violations to the standards provided in these regulations and other provisions of the County Code are subject to the civil penalties schedule provided in Chapter 8CC of the Miami-Dade County Code of Ordinances.

Operating a vacation rental without a Certificate of Use is a violation of the County Code and the civil penalty schedule is as follows:

  • 1st Offense = $100
  • 2nd Offense within 24 months of 1st offense = $1,000
  • 3rd Offense within 24 months of most recent of the preceding offenses as well as subsequent offenses = $2,500

Penalties accrue, and a lien may be placed on the property if the fines, enforcement costs and administrative costs are not paid.

Information provided by city of Miami and Chic Living Miami

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