Is your Old Palm purchase truly investment-ready, or will rental rules quietly shrink your returns? In a gated, luxury golf community like Old Palm, leasing policies can matter as much as location. If you plan to rent seasonally or long term, you need clarity on approval timelines, minimum lease terms, and how tenants can use amenities. This guide gives you a practical, step-by-step checklist to confirm the facts that affect income and operations so you can buy with confidence. Let’s dive in.
Why rental rules matter
Old Palm is a gated, luxury residential community and golf club in Palm Beach Gardens. Communities like this are governed by recorded CC&Rs, bylaws, and an HOA or management company that sets and enforces leasing policies. Those policies can influence income more than you might expect.
Restrictions on short-term rentals, minimum lease terms, approval timing, occupancy and guest rules, and amenity access can change your revenue, costs, and vacancy. Before you model returns, verify the current written rules and any recent amendments.
Confirm rental type and frequency
Short-term vs seasonal
Ask whether short-term rentals under 30 days are permitted, prohibited, or allowed with conditions. If allowed, confirm registration, inspection, and tax collection requirements at the city and county levels. Get this in writing from the HOA or manager.
Minimum lease term
Determine the minimum lease duration for long-term or seasonal rentals. Many Florida communities set 30, 60, 90, or 180-day minimums. Request the exact policy citation so you can price and schedule leases properly.
Rental caps and seasons
Find out if there is a cap on the number or percentage of homes that can be leased at one time or within a year. Ask whether winter or peak-season rules differ and how caps are calculated and enforced.
Approval process and timing
Application requirements
Confirm if prior board or manager approval is required before a tenant occupies the home or if post-lease registration is sufficient. Request a list of required materials: tenant applications, background and credit checks, IDs, pet and vehicle information.
Fees and deposits
Obtain a schedule of all fees tied to leasing: application, administrative, badge or access cards, move-in or inspection fees, and any refundable deposits. These costs affect your net yield.
Review timeline
Ask for the stated review timeframe and average processing time over the last 12 months. Some HOAs review in 7 to 15 days for manager-level approvals and 30 to 60 days when board review is required. Assume 2 to 4 weeks unless documentation proves otherwise, and build that into your vacancy estimates.
Move-in scheduling
Verify if the HOA requires scheduled move-ins and whether there are limited slots during high season. Plan for 1 to 2 weeks of coordination for badges, parking permits, and gate access.
Lease content and owner duties
Required lease provisions
Confirm any mandatory lease addenda or clauses, such as tenant acknowledgment of community rules, enforcement rights, and fine collection. Ensure your lease mirrors the HOA’s exact language.
Subleasing and local contact
Ask whether subleasing or short sublets are prohibited. Determine if out-of-state owners must designate a local agent or 24/7 contact for rentals.
Liability for violations
Verify whether owners are responsible for tenant violations and fines. Understand how and when fines can be assessed and collected.
Occupancy, parking, and amenities
Occupancy limits
Request the association’s occupancy limits per dwelling. Some communities set limits by bedroom count or a fixed number. Get the rules in writing to avoid misunderstandings.
Parking rules
Confirm parking allocations, guest pass requirements, on-street parking restrictions, and towing policies. Clarify rules for commercial vehicles, RVs, or boats.
Amenity and club access
Ask how tenants may access pools, fitness areas, clubhouse facilities, and golf. In some communities, tenants have limited or no access without additional memberships or fees. Obtain copies of any club membership documents that affect renter access.
Insurance, deposits, and security
Coverage requirements
Request the minimum liability insurance required for owners and tenants, including required limits and endorsements. Ask if the association must be named as an additional insured and request a sample certificate format.
Security deposits and fines
Clarify whether the HOA collects tenant security deposits or charges fines to the owner’s account. Understand the process and appeal rights for both tenants and owners.
Enforcement and hearings
Get the written fine schedule, hearing procedures, and appeal rights. Review recent board minutes for examples of enforcement to gauge rigor. This helps you anticipate risk and management friction.
After-purchase and emergency rules
Ask if leasing is restricted for a period after purchase, such as an initial owner-occupancy requirement. Confirm whether the board has ever imposed a temporary moratorium on rentals and how rule changes are adopted. Request copies of any recent amendments.
Documents to request at contract
Use these exact requests with the seller, listing agent, or manager and ask for electronic copies:
- “Please provide the full, recorded CC&Rs, bylaws, and any articles of incorporation for the HOA.”
- “Please provide the HOA’s current Rental/Leasing Policy, Lease Approval Application, tenant application forms, and any required lease addenda.”
- “Please provide the most recent HOA rules and regulations and any architectural or golf club rules affecting residents and tenants.”
- “Please provide copies of all Board resolutions or written policies that modify CC&Rs for leasing in the past 5 years.”
- “Please provide Board and membership meeting minutes for the past 12 to 24 months that reference rental policy, leasing complaints, or enforcement actions.”
- “Please provide a schedule of all current fees related to leasing, including application, move-in/out, amenity, badge, key/remote, and processing fees.”
- “Please provide the association’s insurance requirements for owners and tenants and a sample certificate of insurance.”
- “Please provide the HOA’s fine schedule and enforcement procedures.”
- “Please provide a ledger for the subject property showing delinquencies, special assessments, and pending enforcement.”
- “Please provide the reserve study and the latest audited or compiled financial statements for the association.”
- “Please provide a list of units currently rented and any rental cap or percentage tracking the association maintains.”
- “Please provide the current management company contract, if applicable, and contact information for the community manager.”
- “Please provide any community rules specific to transient or short-term rentals and any owner communications about short-term rental rules.”
Exact questions to ask the HOA or manager
- “Does the association permit short-term rentals under 30 days? If yes, what registration, inspection, or transient tax collection is required?”
- “What is the minimum lease term the association enforces? Please cite the policy or resolution.”
- “Is prior approval required before a lease is effective, or is post-lease registration sufficient? What lead time is required?”
- “What is the average processing time for tenant applications in the last 12 months? Please provide examples.”
- “Are there caps on the number or percentage of homes that may be leased at any time? How is the cap calculated?”
- “What fees will the owner or tenant pay for leasing, including application, badge, move-in, and inspection fees? Please provide amounts.”
- “What insurance or indemnity does the association require for owners and tenants? Please provide the policy wording.”
- “How are fines for tenant violations assessed and collected?”
- “Are there pending or planned changes to rental policy?”
- “Is there any owner-occupancy period required after purchase before leasing is permitted?”
- “What are the occupancy limits, guest rules, and restrictions on amenity access for tenants?”
- “Does the association require a local agent or 24/7 contact for out-of-state owners who lease?”
- “Has the association ever placed a moratorium on rentals or required emergency tenant registration?”
- “Are any special assessments outstanding or expected in the next 12 months?”
Local taxes and licensing
Short-term rentals typically require registration and the collection of state and local sales or tourist development taxes. Confirm current rates and steps with Palm Beach County and the City of Palm Beach Gardens. Ask about any business license, hotel or vacation rental registration, and required inspections or safety certifications.
Also confirm occupancy and parking ordinances that could affect renters and guests. Florida statutes, including Chapter 720 for homeowners’ associations and Chapter 718 for condominiums, set the governance framework. Verify any recent changes with local counsel or the municipal clerk.
Financial modeling checklist
Costs to collect and model
- HOA dues and any club or amenity fees paid by owners or tenants.
- Property taxes and non-ad valorem assessments.
- Insurance costs, including required liability and any umbrella coverage.
- Property management fees and cleaning or turnover costs.
- Utilities responsibility and any HOA bulk-billed services.
- Vacancy from HOA approval lead time and seasonal downtime.
- Transient rental taxes and registration fees.
Scenarios and stress tests
- Build two cases: long-term leases using the HOA’s minimum term and short-term rentals if allowed.
- Include an “approval-loss” line item for 14 to 30 days per new lease to reflect approvals and move-in scheduling.
- Stress-test with higher HOA dues and an unexpected special assessment.
- If available, request historical occupancy or rent data from the HOA or management for seasonality benchmarks.
Operational checks and red flags
Operational must-knows
- Tenant access to amenities: whether badges, fees, or separate memberships are required.
- Gate and guest badge protocols, replacement costs, and processing times.
- Parking enforcement and guest parking availability.
- Noise and nuisance enforcement practices and typical fines.
- Manager responsiveness and experience handling rentals.
Red flags to watch
- Complete rental prohibitions or owner-occupancy periods after purchase.
- High minimum lease terms that limit flexibility.
- Slow or discretionary approval without clear timelines.
- High application or move-in fees and onerous insurance requirements.
- Frequent litigation or heavy fines related to rentals.
- Pending rule-change votes that could further restrict leasing.
- HOA financial distress, low reserves, or large special assessments.
Practical timeline
- Secure a tenant and prepare application materials.
- Submit the tenant application, required addenda, and fees to the HOA or manager.
- Await review and approval. Plan for 2 to 4 weeks unless documented otherwise.
- Arrange badges, parking permits, and gate access after approval.
- Schedule move-in and coordinate any inspection or elevator reservations if applicable.
A disciplined approach to rental due diligence will protect your time and capital. At Old Palm, your returns depend on what the HOA permits, how fast approvals move, what tenants can access, and the true cost of compliance. If you want experienced guidance collecting documents, clarifying rules, and modeling outcomes for your goals, we’re here to help.
Ready to evaluate an Old Palm purchase with clear leasing assumptions? Request a Private Consultation with Faxon & Stanko to make a confident, well-structured decision.
FAQs
What minimum lease term should I expect at Old Palm?
- Minimums vary by community policy. Many Florida HOAs set 30, 60, 90, or 180-day minimums. Request the current written policy and any recent amendments before you model income.
Are short-term rentals under 30 days allowed in Old Palm?
- It depends on the association’s rules. Confirm whether short stays are permitted and, if so, what registration, inspection, and tax collection steps are required by the city and county.
How long does tenant approval usually take in Old Palm?
- Approval timelines vary. Plan for 2 to 4 weeks unless documents show faster processing. Some HOAs process in 7 to 15 days with manager approval and 30 to 60 days when board review is needed.
Can tenants use the golf club and clubhouse in Old Palm?
- Tenant access depends on the association and any separate club membership agreements. Ask for written rules on amenity access, badges, guest registration, and any related fees.
What taxes apply if I offer short-term rentals in Palm Beach Gardens?
- Short-term rentals typically require state and local sales or tourist development taxes. Verify rates and registration steps with Palm Beach County and the City of Palm Beach Gardens.
Does Old Palm require owner occupancy before leasing a newly purchased home?
- Some HOAs impose owner-occupancy periods. Ask directly if there is a post-purchase waiting period before leasing is allowed and request the policy text.
Who is responsible if a tenant violates HOA rules?
- Many associations hold owners responsible for tenant violations and fines. Confirm the fine schedule, collection process, and hearing or appeal rights in the current documents.
