Home sharing is not allowed in the city of Boca Raton, Florida

Answered!
Gray0
Level 5
Boca Raton, FL

Home sharing is not allowed in the city of Boca Raton, Florida

Today I made an effort to comply with Palm Beach County tax and laws for home sharing rentals. 

 

Part of that requires an application for a Business Tax Receipt.  I already have and have paid the Palm Beach County bed tax with my account set up two years ago. 

 

Now, I discovered an addition, the Business Tax Receipt requires an application to my City of Boca Raton and zoning approval.  That office told me home sharing and AirBnB is not allowed in the city.  I asked for a print out or email of the oridinace that states it is not allowed.  The clerk looked for it, could not find it, went to the back office for help.  No one in the building and permit and business license office could find the "home sharing not allowed ordinance".  According to recent news stories, the County of Palm Beach  allows home sharing/AirBnB in all cities - except Boca Raton,  which was exempt from the new ruling because Boca Raton restriction was grandfathered in 11 years ago.  Show me the ordinance!  It is buried in the Boca Raton Muni Code online, and even the city couldn't find it!

 

I will advise this forum if they do find it. And even if they do allow it, the zoning, health, building inspections could turn my home sharing rental into an exercise in futility.

1 Best Answer
Deen86
Level 2
Deerfield Beach, FL

@Sherrie55 @Quang48 @Julie849 @Jorge1612 @Gray0 @Alicia398 @Staci19 @Flavio129 @Joana315 @Helene265 @Richard1284 @Maureen410 @Claire1003 @Julie849 @Emanuele244 

 

Dear Boca Hosts,

Enough is enough, In 2021 we called the City of Boca if we can run a Airbnb and code compliance said that the Florida Preemption Law supersedes the Boca Raton "law" (because there is none) never the less because of some well connected neighbors   we have since been shut down by Boca Raton again for their use and Motel Law on one property and fighting on another one that we had a hearing last month.

Boca Raton does NOT have a short term rental ban and we are Not Motels therefore protected by the State of Florida Preemption Law. A Motel definition by the State of Florida is of 6 units and a central office. It has become a very dirty fight with Boca having hearings without notice to shutting us down illegally knowing that they are doing is against the law. 

From this very forum we learned about the abuse that Boca has done to the sober homes and have since hired James K. Green the same attorney who won the case against boca for the Sober homes and we are now appealing our cases  in circuit court and possibly seeking Declaratory and Monetary Damages against the City for this Abuse. We cant do this fight without you and if we don't win the city and their illegal actions  they will eventually shut you down as well. 

If you were shut down by Boca illegally with their "motel"
 ban and would like to join a possible class action lawsuit for damages and losses or if you would like to join the fight for our State constitutional freedom and stop big government from abusing its citizens email  **[email address hidden due to safety reasons - Community Center Guidelinesand we can tell you how to get involved 

 

View Best Answer in original post

51 Replies 51

I am beginning research using the key words "state of florida home sharing preemption"

 

In other words, state rules vs city rules. 

Following.

Hi, I am about to buy a house in Boca Raton which I want to rent as AirBnB. Do you have any updates which authority rules, City of Boca Raton, or County of Palm Beach ? Many thanks !

Chris1721
Level 1
Boca Raton, FL

Following 

Hopefully my experience will help you all out;

 

I operated a vacation rental within the city limits from 2013-2015. I was registered to pay sales tax to the state and TDD tax to Palm Beach County. Like you I could find no prohibition on STR in the Boca muni code so I began operation of my rental. I was shut down by code enforcement who found me because I was registered to pay those taxes.

 

The section of the city ordinance which was sited to me is Section 28-339- permitted uses in a residential district (see attached screen shots). The city code lists permitted uses in a residential district and their contention is that anything that is not listed as allowed is in violation.  They go on to define what a "motel" is;  the city's defiinition of a motel is not what we would traditionally think of as such (see attached screen shot. In the eyes of Boca Raton, a "motel" is a SF dwelling used for transient stays of less than 1 year.

Since "motels" are not a permitted use in a residential district- no STR in a residential district.

 

The ban on vacation rentals is not what they prohibit, but rather what is not permitted- a subtle back door kind of ban.

 

After I was shut down by code enforcement  I was told I faced a $1000 per day fine if I continued to operate as a STR. Additionally I had to remove my listing with VRBO and dismantle the web site I had set up for my house. I chose not to fight this in court as it wasn't worth the time or effort for me. I did voice my concerns that the ban was only enforced selectively as many other rentals were operating on both VRBO and Airbnb. I was told that code enforcement was understaffed.

 

Fortunately one of my short term rental clients has become a seasonal renter for me and rents my house for 8 months a year.

 

So be aware that if you operate as a STR in the city your are subject to being shut down.

Screen Shot 2019-04-11 at 1.46.49 PM.pngScreen Shot 2019-04-11 at 1.47.12 PM.png

Screen Shot 2019-04-11 at 1.42.28 PM.png

I’m confused by the definition of a motel for the most obvious reasons; motels are subdivided, have signs advertising their location, and perhaps more. 

 

But there is one part of the motel description that I’m not sure I’m reading correctly. Maybe you guys understand better than I do. The end of the sentence beginning “the term shall include” states “in accordance with a fixed time schedule on a periodically recurring basis extending for more than one year”. 

 

It looks to me as though a property cannot be considered a motel until you have been making short term rentals for over a year. Is this how you all read it too?

 

If this is accurate it may buy my friend some time to legally rent. If not, can you please explain what it means to you?

 

Many thanks

 

 

Hi Helene, 

 

That was very informative, thanks!

 

My questions is - will they fine you upon learning of your listing? Or will they give you a warning before actually fining you. According to your story, it appears they told you that if you continue to operate you would face the fine. What are other people's experience?

 

Thanks,

Deborah663
Level 1
Atlanta, GA

following

Gray0
Level 5
Boca Raton, FL

Boca Raton hosts need a forum to communicate and exchange contact information. AirBnB has a Facebook page with city by city host groups across the country. Are those groups allowed to exchange contact info in order to organize?

 

Another thought, Boca Raton tried to deny sober homes in residential neighborhoods, and lost that case in court. The sober homes won, claiming "discrimination" against disabled persons in recovery. Some of those sober homes exist in single family homes in Boca, and as such are a commercial business in a residential zone.

 

Another thought, the city can allow a variance, or allow a conditional use permit.

 

Bottom line, nobody wants a party house, noisy short term rental next to their family home. Hosts can appeal for conditinal use of their private property. Just like the developers appealed to turn a small downtown into Bocahattan.

Tom830
Level 1
Boca Raton, FL
Gray0
Level 5
Boca Raton, FL

Boca Raton's attempt to prevent sober homes in violation of residential zoning ordinances has some obvious paralles to short term rental violations in residential zones. Although I sympathise with the preservation of our peaceful neighborhoods, that has to be balanced with our private property taxpayer rights, and the world wide sharing economy benefits, if we choose to participate. In the above cases, zoning restrictions were overruled by a federal judge. Compromises can be made.

 

FEDERAL LAWSUIT CHALLENGES BOCA'S ZONING OF 'SOBER HOUSES' https://www.sun-sentinel.com/news/fl-xpm-2006-09-21-0609210121-story.html#

 

Delray Beach may settle lawsuit on sober house at mansion https://www.sun-sentinel.com/news/fl-xpm-2012-07-16-fl-delray-caron-agreement-20120716-story.html

Joanna315
Level 2
Vancouver, Canada

I think Boca vacation rental home owners need to band together somehow and fight this.  

It makes me angry that the State/County allows you to obtain a tax certificate, remit sales and lodging taxes even though it knows there's some obscure by-law in Boca that prevents you from having a STR.   Surely, the county websites that collect the taxes could block you from applying for accounts based on zip code but of course, turning a blind eye and collecting the tax anyway is much easier (and profitable) for them.  

 

After reading Gray's post and article ("FEDERAL LAWSUIT CHALLENGES BOCA'S ZONING OF 'SOBER HOUSES'"  https://www.sun-sentinel.com/news/fl-xpm-2006-09-21-0609210121-story.html#) I can't help but wonder if we should reach out to lawyer William Hill (who represented Steve Manko) to see if a case can't be made against the Boca ordinance.  Is this not a violation of our rights as property owners somehow? 

 

Perhaps we need to enlist the help of Palm Beach County Commissioner Mack Bernard considering there is a discrepancy between County and Municipality when it comes to Boca Raton. 

 

 

 

 

Joanna315
Level 2
Vancouver, Canada

In addition to my post above, I found this rather interesting from this article: 

http://arrival.vrma.org/blog/state-preemption-laws-protecting-the-rights-of-vacation-rental-property...

 

Arizona has had a preemption law in place since 2016 (the Arizona Home Sharing Act), enabling property owners from Phoenix to Sedona to Yuma to host guests, enriching the experiences of travelers, property owners and local businesses alike. Its success hinged on the fundamental definition of property rights as championed in no small part by the Arizona-based Goldwater Institute, a libertarian organization. At its core, the organization successfully argued that the state is responsible for protecting individual property owners from unnecessary and economically limiting legislation imposed by city or county governments.

Excellent! Let's hope we can make that happen here in Boca. Keep me updated please if Boca vacation rental home owners band together to fight this!

 

Ariela11
Level 2
Miami, FL

My questions is - will they fine you upon learning of your listing? Or will they give you a warning before actually fining you. According to your story, it appears they told you that if you continue to operate you would face the fine. What are other people's experience?

 

Thanks,