How Condo Hotel Ownership Works in Florida

The deed, the program agreement, your own stays, the associations and the brand, in the order a buyer meets them

Owning a condo hotel suite is simple to describe and detailed to live with: you hold a deed to a hotel room, and a set of agreements decides what you may do with it. This guide walks through those agreements in the order a buyer meets them, from the deed to the day you sell, so the first time you read a rental program agreement is not the week your deposit is due. Nothing here replaces the offering documents of a particular project; it tells you what to look for in them.

Find the Condo Hotel That Fits My Calendar

Encuentre su casa en Florida

How does condo hotel ownership work? You hold a deed to a furnished hotel suite, and four agreements decide what you may do with it: the city code and the declaration cap your own stays, the rental program agreement sets the revenue split and the operator charges when the suite is rented, and the management or license agreement puts the brand name on the building for a term that can end. The suite carries an assessment, hotel service fees, property tax without a homestead exemption and the operator charges every month, whether or not it rents.

The Deed, the Unit and the Hotel Around It

You buy a condominium unit, recorded in your name at the county, with the same title insurance and the same closing as any other condominium in Florida. The unit is a hotel suite: furnished and finished to the brand's specification, with the furniture, fixtures and equipment either included in the price or bought under a separate furnishing agreement that the offering documents describe. Around the unit is a hotel that someone else operates. The common areas, the front desk, the pool deck and the restaurant belong to the condominium association or to the hotel owner, depending on how the project is structured, and the declaration says which. Read that split early, because it decides who pays to maintain what and who controls the amenities you were shown.

The Rental Program Agreement, Clause by Clause

The rental program agreement is the contract between you and the hotel operator under which your suite is rented as a hotel room. Read it for six things. The revenue split between you and the operator, and whether it is calculated on gross room revenue or on revenue after certain charges. The charges deducted before the split: marketing, reservations, credit card fees, housekeeping, a furniture reserve. How the operator allocates guests among suites, which decides whether your suite rents as often as its neighbor. The term of the agreement and the conditions for renewal or termination by either side. What happens when you sell, since the buyer usually inherits the agreement. And the operator's own disclaimer, which says that nothing about future revenue is promised. We read it with you clause by clause and never attach an occupancy or rate assumption to it.

Your Own Stays: Caps, Reservations and Blackouts

Owner use is limited in two layers. The city sets the outer limit in its code: Pompano Beach, for example, allows an owner no more than thirty consecutive days and no more than one hundred eighty days in any twelve month period, and requires that restriction in the declaration. The program agreement then sets how you reserve within the cap: how far ahead you must book, whether peak weeks are blacked out for owners, whether your stays count against the program's revenue, and whether housekeeping during your stay is charged. A buyer who plans to spend the whole winter in the suite should stop at this section, because the product cannot do that; the comparison guide in this cluster explains what can.

The Associations Above the Unit

A condo hotel usually has more than one association. The condominium association of the hotel suites, which you belong to and vote in, adopts the budget that sets your assessment. A master association may sit above it where the project also has private residences, retail or a separately owned hotel component, and it charges its own fees for the shared elements. The hotel operator is not the association, though in many projects the operator or the developer controls the board until a turnover that Florida law schedules. The budgets of every association that reaches your unit, and the fee schedule for the hotel services, are the figures to read together, and the estimated budgets in the offering documents are where a preconstruction buyer finds them.

The Brand and the Management Agreement

The name on the door is a license. The developer or the association holds a management or license agreement with the hotel brand, and the brand's standards for furnishing, staffing and service flow down to your suite through it. The disclaimers in most offering documents say two things plainly: the brand does not own, develop or sell the project, and the agreement that puts its name on the building can end. A buyer should price the suite as real estate on a particular beach with a hotel attached, and treat the brand as a valuable but changeable feature. Ask how long the current agreement runs, what renewal requires, and what happens to the rental program if the brand leaves.

Taxes While You Own

A condo hotel suite is taxed like any other second property in Florida, with three points that surprise new owners. Property tax falls on the full assessed value, because the homestead exemption applies only to a permanent residence. Revenue from the rental program is income to you, reported on your return, with the operator's charges and the costs of ownership deducted as your tax adviser allows. And the furnishings in a rented suite can be assessed as tangible personal property in some counties. None of this is advice: a CPA or tax adviser who works with second home owners and short term rental income plans it with you before you buy, and a buyer from another country adds the questions on our international buyer pages.

The Documents to Read Before You Sign

For a new project: the prospectus and the declaration of condominium, the estimated budgets of every association, the rental program agreement, the hotel management or license agreement, the furnishing agreement if separate, the purchase contract with its deposit schedule and delivery date, and the developer's disclaimers. Florida law gives the buyer of a new unit a period after receiving those documents to cancel without penalty, and that period is when they should be read. For a resale: the recorded declaration and amendments, the current budget and reserve study, the minutes of the last year of board meetings, the program agreement you will inherit, and the inspection reports Florida now requires of older buildings. We obtain each of them and read them with you.

  • Prospectus and declaration of condominium, with amendments
  • Estimated or current budgets of every association that reaches the unit
  • Rental program agreement and the furnishing agreement
  • Hotel management or brand license agreement
  • Purchase contract: deposits, delivery date, assignment clause
  • For a resale: reserve study, board minutes and inspection reports

What Happens When You Ask Us

Tell us how you would use the suite, where on the coast you are looking and your budget, and a BreakThru agent replies within one business day with the projects and the resale buildings whose rules fit your calendar, registered as your representative before any sales gallery visit. We obtain the documents above, read them with you inside the cancellation period, compare the price with the finished buildings nearby, and introduce a lender who finances condo hotel units and a tax adviser who works with second home owners. Nothing you tell us reaches a developer or a seller until you say so. Request a private consultation on this page, or ask us for the documents of a project you are already weighing.

Find the Condo Hotel That Fits My Calendar

Tell us where you live, how you would use a place on the coast, where you are looking and how you expect to pay. A BreakThru agent replies within one business day with the suites, residences and buildings whose rules fit your calendar, registered as your representative before any sales gallery visit.

Llame o envíe un correo electrónico directamente al corredor: (786) 914-1017 · sales@breakthrurealty.com

Questions Condo Hotel Buyers Ask

Do I own the furniture in a condo hotel suite?
Usually, under the purchase contract or a separate furnishing agreement, and the brand standard governs what it must be. Many program agreements also hold a furniture reserve deducted from rental revenue to replace it on a schedule. The offering documents say which, and we read them with you.
Can I take my suite out of the rental program?
Only on the terms the program agreement sets, which may require notice, a fee or the end of a term, and the declaration may require every unit to remain available to the hotel. Read the withdrawal clause before you buy rather than after.
Who runs a condo hotel?
A hotel operator under a management or license agreement with the developer or the association, while the condominium association you belong to adopts the budget and maintains the building. The operator and the association are different parties with different agreements, and both reach your suite.
What happens if the hotel brand leaves a condo hotel?
The management or license agreement says. The building remains a condominium and your deed is unchanged, but the rental program, the standards and the name can change. Ask how long the current agreement runs and what renewal requires before you reserve.
How is condo hotel rental income taxed?
As income to you, with the operator's charges and the costs of ownership deducted as your tax adviser allows, and with property tax on the full assessed value since a second home has no homestead exemption. A CPA or tax adviser who works with rental income plans it with you before you buy.

The Guide

Ownership, Comparison and Financing

Relacionado en BreakThru Realty