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Case Notes
Short-Term Vacation Renting Is Not a 'Commercial Use'
In April, the Court of Appeal of Florida, First District, determined in Santa Monica Beach Property Owners Assoc. v. Acord, 2017 Fla. App. LEXIS 5932, that condominium owners who rented their properties to vacationers through the online service VRBO2 had not violated restrictive covenants not to conduct business in their units.
The Santa Monica Beach Property Owners Association sent letters to owners of two properties in 2015 informing these owners that it had “been observed” that they were primarily using their properties as rentals to vacationers, in violation of a covenant. The Association demanded that these owners cease operating their “vacation rental business[es].” Apparently unsatisfied with the owners' responses to its letters, if any, the Association brought an action seeking a declaration that the homeowners were violating the Association's covenants restricting the use of the owners' homes to residential purposes only.
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