Thinking about renting a home in Les Jardins but unsure what the HOA allows? You are not alone. Between recorded covenants, board rules, and Florida statutes, the answer depends on your specific lot and when the owner took title. This guide shows you exactly how to confirm your rights, what Florida law says about new rental limits, and the extra steps you need for short-term rentals in Palm Beach County. Let’s dive in.
Quick answer: Can you rent in Les Jardins?
Maybe. Les Jardins is a gated single-family HOA community, and your ability to lease depends on the community’s recorded Declaration, Bylaws, Rules and Regulations, and any rental-related amendments. Start by pulling the governing documents for your property and confirm whether any rental amendment applies to your ownership date. You can search recorded documents through the Palm Beach County Clerk’s Official Records portal or request them from the HOA or seller. Try the county’s Official Records search for recorded CC&Rs and amendments using the subdivision name or parcel number, then confirm details with the association. Visit the Clerk’s Official Records search to locate the governing documents.
What actually controls leasing rights
Governing documents first
Your starting point is the recorded Declaration and all amendments. These documents spell out whether rentals are allowed, minimum lease terms, application or approval requirements, and any caps on the number of leased homes. Ask the seller or manager for the most current set, then verify against what is recorded with the county.
Florida’s grandfathering rule for new rental limits
Florida HOAs can adopt new limits, but whether they bind you depends on when you took title. Under state law, rental amendments adopted after July 1, 2021 generally apply only to owners who acquire title after the amendment effective date or who consent. There is a key exception. An association may adopt rules that regulate rentals under six months or limit rentals to no more than three times per year, and those can apply to all owners. Review the statute at Florida Statutes section 720.306 for the exact text and exceptions.
Short-term rentals and county tax registrations
If you plan to rent for less than six months, Palm Beach County treats that as a transient accommodation. You must register for the Tourist Development Tax account, obtain a Business Tax Receipt, and collect and remit taxes on bookings. County guidance explains registration steps, filing schedules, and display requirements for registration numbers. See the Palm Beach County Tax Collector’s page on Tourist Development Tax and Business Tax Receipt requirements for details.
How to confirm your exact rules
Step 1: Gather the documents
- Ask the seller or listing agent for the Les Jardins Declaration, recorded amendments, Bylaws, and current Rules and Regulations.
- Contact the HOA or its management company to verify whether any rental-cap or minimum-term rule exists and to obtain application forms or tenant procedures.
- Search the Palm Beach County Clerk’s Official Records to confirm what is recorded against the subdivision or parcel.
Step 2: Order an estoppel or resale certificate
For many Florida associations, an estoppel or resale certificate lists unpaid assessments, open violations, and transfer requirements that can affect leasing. Statutes outline timing and fee rules for condominium estoppels, which provide a helpful framework for what to expect in a resale packet. Review Florida Statutes section 718.116 for estoppel content and timing.
Step 3: Ask targeted HOA questions
- Is there a recorded rental prohibition or a rental cap, and what is the effective date?
- Does any rental limit apply to all owners or only to owners who bought after a certain date?
- What is the minimum lease term? Are rentals under six months prohibited? Is the number of annual leases limited?
- Are tenant applications, background checks, lease copies, or renter’s insurance required? Any fees?
- What are the rules on amenity access for tenants, parking, guest passes, and marketing or advertising?
- How are violations handled, and what fines or suspensions can be imposed?
- Are there board resolutions that affect leasing, and are they consistent with the recorded Declaration and amendments?
Common HOA rental limits you may see
- Minimum lease terms, such as six or twelve months, which block short stays.
- Rental caps that limit the percentage of homes leased at one time. If adopted after July 1, 2021, confirm whether the cap applies to you under Florida Statutes section 720.306.
- Short-term rental bans that prohibit leases under a set period. Rules that regulate rentals under six months can often apply to all owners under Florida law.
- Tenant registration steps, including lease submissions, vehicle details, and proof of insurance.
- Advertising rules that bar marketing rentals shorter than the minimum term.
What happens if you break the rules
Florida HOAs can levy fines and suspend use rights after proper notice and hearing. Enforcement tools and procedures are described in Chapter 720 of the Florida Statutes. Associations can also sue for injunctions to stop ongoing violations, which can force owners to halt rentals and remove listings. Courts in Florida routinely grant injunctive relief to enforce recorded covenants. Review Chapter 720 enforcement provisions and see an example of injunctive relief applied in a Florida appellate decision for context.
Strategy for buyers, owners, and tenants
If you are buying in Les Jardins
- Make your offer contingent on reviewing the full set of HOA documents and all recorded amendments.
- Ask whether any rental amendment passed after July 1, 2021 and whether the seller is grandfathered under Florida Statutes section 720.306.
- Order an estoppel or resale certificate to uncover transfer approvals and open violations.
- If you plan short-term rentals, confirm county registration steps for Tourist Development Tax and the Business Tax Receipt before closing.
If you are an owner planning to rent
- Confirm the exact wording of the leasing rules and whether they bind you based on your title date and any post-2021 amendments.
- For stays under six months, register for the county’s Tourist Development Tax account, obtain a Business Tax Receipt, and set up tax collection and remittance.
- Build protective lease terms that require tenant compliance with all HOA rules and provide indemnity if tenant actions trigger fines or claims.
- Require renter’s liability insurance if advisable or if the HOA requires it, and keep written proof that tenants received and acknowledged the rules.
If you are a tenant considering a Les Jardins lease
- Ask the owner to confirm in writing that leasing is permitted for the home and provide a copy of the HOA rules.
- Request a lease addendum that requires your compliance with HOA rules and gives you a path to terminate and recover your deposit if the owner cannot lawfully deliver the full lease term due to HOA enforcement.
Smart lease language to include
- HOA compliance clause stating tenant must follow all association rules and procedures.
- Indemnity for fines or damages caused by tenant actions.
- Owner right to cure tenant violations and to recover costs, consistent with Florida landlord-tenant law.
- Requirement for renter’s liability insurance and proof of coverage if applicable.
- A clear process if the HOA enjoins leasing, such as a termination option and timely return of deposits consistent with the law.
What to do next
- Ask the seller or listing agent for the Les Jardins Declaration, recorded amendments, Bylaws, and current Rules and Regulations. Use the Palm Beach County Official Records search to verify recordings.
- Request the estoppel or resale certificate to see assessments, open violations, and any transfer approvals.
- If you plan short-term rentals, register for the county’s Tourist Development Tax and obtain a Business Tax Receipt before you list the property.
- Add contract and lease language that requires tenant compliance with HOA rules and provides indemnity for fines and damages.
- If anything is unclear, consult a Florida community association attorney, especially if a rental amendment’s applicability is in dispute.
Ready to evaluate a specific Les Jardins address or structure a lease that fits the rules and your goals? Reach out to Noah J. Heller for discreet, informed guidance tailored to Boca Raton’s gated communities.
FAQs
Can I rent my Les Jardins home if I already own it?
- It depends on the recorded governing documents and whether any rental amendment was adopted after July 1, 2021; under Florida Statutes section 720.306, many post-2021 rental limits bind only future buyers, with an exception for rules that regulate rentals under six months or limit leases to three times per year.
Where do I find Les Jardins’ leasing rules and forms?
- Ask the seller or HOA for the Declaration, amendments, and Rules and Regulations, then verify by searching the Palm Beach County Clerk’s Official Records; request an estoppel or resale certificate for assessments, violations, and transfer approvals.
Do new HOA rental rules apply to me if I owned before they passed?
- Often no; Florida Statutes section 720.306 generally grandfathers existing owners for rental amendments adopted after July 1, 2021, except that rules regulating rentals under six months or limiting leases to three times per year can apply to all owners.
What happens if I lease in violation of the HOA rules in Les Jardins?
- The association can pursue fines and suspend use rights under Chapter 720, and may seek a court injunction to stop the rental, which can require removing listings or halting occupancy.
Are there county taxes or permits for short-term rentals in Boca Raton and Palm Beach County?
- Yes; rentals under six months generally require registering for the Tourist Development Tax account, obtaining a Business Tax Receipt, and collecting and remitting taxes, with possible additional city requirements.
What lease terms protect me when renting a Les Jardins home?
- Add clauses that require HOA rule compliance, provide indemnity for fines, allow the owner to cure tenant violations, require renter’s insurance when appropriate, and outline a clear termination process if the HOA legally blocks the rental.
