The Florida Association of Realtors has sued Marco Island for imposing a short-term rental regulations that the Association claims is unfair. Vacation rental owners are primarily impacted by the new regulations, which aim to limit noise and congestion in the area. 

Here’s what to know about the ordinance and when you should reach out for legal advice. 

The New Rules For Short-Term Rental Owners

Political action committees like Take Back Marco lobbied for new regulations that would make it harder for property owners to rent out their homes while not in use. The committee claims that the area was too full of tourists and residential areas had “gotten out of control,” requiring the group to take immediate action. 

Short-term rental owners now must comply with terms that the Association of Realtors say are unreasonable and intended to reduce the amount of business vacation home owners can do. 

These new rules include conditions like: 

• No noise should be heard within 25 feet at night and 50 feet during the day 
• Detailed fire inspections must be completed annually 
• Property owners must purchase high-value insurance coverage 

The Association also points out that these regulations don’t apply to long-term rental properties or homes owned by families. They specifically single out vacation home owners who want to rent their properties out while they’re not using them. 

Does It Violate Florida Law? 

The question this lawsuit presents is whether or not the island’s new ordinance violates state law. The Association claims it does, citing the infringement of Florida’s Equal Rights statutes. 

The lawsuit references a law that states local governments aren’t allowed to issue ordinances that ban vacation rentals or negatively impact the frequency, duration, or revenue of those rentals. Now, a judge will need to review the case and determine which side is within their legal bounds. 

When To Get Qualified Legal Help 

The most important thing you can do when dealing with a real estate dispute is reach out for qualified legal assistance as quickly as possible. The outcome of your case depends on the skill and expertise of your attorney, so you need to make sure you’re working with a lawyer who understands how to navigate Florida real estate law and can zealously advocate for a resolution in your favor. 

Contact Feinstein Real Estate Litigation and Business Law today for a consultation by dialing 954-767-9662.