Marco Island, Florida is now in the hot seat after a lawsuit was filed by the Florida Association of Realtors. The suit claims that the island’s new short-term rental ordinance unfairly targets vacation rental property owners, but the island maintains the new regulations only aim to reduce noise and tourist congestion around residential homes.
Below, we discuss the ordinance and how you can get qualified business and real estate legal representation you can trust.
Marco Island’s New Ordinance
Marco Island’s new regulations include the following stipulations:
- No noise may be heard within 50 feet during the day and 25 feet at night
- Homeowners must have annual fire inspections
- Insurance is mandatory and required in exorbitant amounts
The Association of Realtors claims that these rules are unreasonable and impossible to follow. Many of these regulations apply only to property owners that rent their homes short-term and don’t pertain to people who own their homes or rent for more than 30 days at a time. This sets vacation homeowners up for failure and ensures they will be fined and penalized.
Has State Law Been Violated?
A judge must now determine whether or not Marco Island violated Florida state law by imposing the new ordinance. The Association argues that it does, citing previous laws that prohibit local governments from making ordinances that adversely impact the frequency, duration, or earnings of vacation rentals in the area.
Under these laws, property owners on Marco Island are expressly allowed to rent out their homes while not in use and can generate a profit while doing so. Furthermore, municipalities are specifically forbidden from interfering.
When To Contact A Florida Real Estate Litigation Attorney
If you’re a Florida property owner and are affected by an unfair ordinance that limits your ability to create revenue, you need a qualified lawyer who can help you. Veteran Fort Lauderdale real estate attorney Joseph Hughes can help you navigate the legal process and advocate for the best possible outcome for your business or family.
Contact our office today to schedule a consultation to learn more or to discuss your case in detail by dialling (954) 256-5125. When real estate disputes threaten your business and legal standing, you need zealous and aggressive legal advocacy you can trust.
Don’t wait – Attorney Hughes is available now to provide you with comprehensive representation for your real estate transaction or lawsuit.