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Can I Stay In My Own Condo-Hotel?

By
Real Estate Broker/Owner with Daytona Condo Realty, 386-405-4408

Actually, the right question is "How long can I stay in my own unit?"

Are you kidding me? Can you be serious?

Actually this is the reality of owning a condo-hotel unit, at least in Daytona Beach Shores.

Let's make one step back. Lately more and more questions are coming from people, who are looking for an affordable oceanfront retreat. The idea of a condo-hotel is quite attractive. Mainly because of the following:

  • Location
  • Price
  • Rental Income to offset the expenses

So, you own it, use it and when you do not use it, then the Front Desk would rent it for you.

Even if you understand that it is not a money-making machine and we talk about offsetting the expenses, and  breaking even is fine, meaning that your portion of rental income covers monthly Association Dues and Taxes, it is still an attractive option.

For Daytona Beach Shores this would work if you do not plan on staying more than one month.

However, if you are expecting to stay longer, this is no longer an option for you in Daytona Beach Shores condo-hotels.

“Because the property is zoned as a motel, residents can’t stay at their units for more than 30 days at a time, according to a city ordinance.” (Zoning flap leaves Daytona Beach Shores’ Castaways high and dry).

While the article states “30 days at a time”, some condo-hotels decided to be holier than the Pope and set 30 days a year, like Oceanside Inn.

Don’t ask me why the City did it. It is not that there are no other ways to treat it. Overwhelming majority of condos in neighboring New Smyrna Beach allow owners 120 consecutive days, and no wonder so many snow birds love New Smyrna Beach. So, this is a deadly blow to snow-birds. Sort of like "we want their money, but we do not want them here". Bravo, Daytona Beach Shores!

Why Daytona Beach Shores turned quite hostile to the best clientele one can have – snowbirds - is beyond my understanding.

Is it the same for Daytona Beach? To tell you the truth, I do not know. I do not read ordinances. So far there was no issue betwen the City and any condo-hotel, that I know of, at least nothing yet spilled to our local newspaper. But it is often a matter of enforcement, so I wouldn’t be surprised if they have the same or similar limitations in place. Also, they may change the ordinance and start limiting it, so there is no guarantee that it stays the way it is today.

Here is the list of condo-hotels in Daytona Beach Shores:

  • Hawaiian Inn
  • Castaways Beach Resort
  • Oceanside Inn
  • Pirate’s Cove

Note: I am a real estate broker, and if you are interested in condos and condo-hotels, I do not only write about them, I help you sell or buy one (or more than one :)

First published in www.Daytona-Condos.com

Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Sussie Sutton - the trick here is that what the Condo Docs state is not the only authority, and local Zoning trumps anything written in the Declaration. So, you might want to check with the City or County.

Good luck

Jun 13, 2015 04:16 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Endre Barath, Jr. - what's funny is that agents take listings in condo-hotels and reuse old descriptions and every single one states that you can stay as long as you want, whenever you want. Somebody would end up with a lawsuit

Jun 13, 2015 04:18 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Praful Thakkar - but the problem is that they do not ask this question. How can you fight when people do not want to know?

Jun 13, 2015 04:19 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Jill Sackler - Thank you, Jill. I always appreciate your comments. They are always thoughtful...

Jun 13, 2015 04:22 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Tammy Lankford - where they have not lost brains completely, you would be fine. Where there are those activists that would rather die than let others live... the fight is not worth it.

Some owners have more than one unit, and legally they are different properties, but attorneys warn you that in Florida there is a law, that if something looks like it is done to circumvent a law, it is exactly that.

Fanaticism is not a great thing, but in some places rather common

Jun 13, 2015 04:26 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Marte Cliff - Bikeweek here is a 10-day event, so there was nothing wrong with having tents a couple of days earlier and keepoing them a little longer.

It is like Christmas. We put the decorations and lights way before and keep it a bit longer. What if you were told that you only can put it not earlier that at midnight preceding Christmas, and the very evening have to take it all down? Stupid, isn't it?

 

Jun 13, 2015 04:28 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Jon - This is not a form of ownership I am used to.  I can see why it would be confusing and/or disconcerting.

Jun 13, 2015 04:39 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Christine Donovan - people confuse cheap with simple. Units are inespensive, but it is more complicated than it is on the surface, true.

Jun 13, 2015 05:05 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

When everyone wants a piece of everything burdens become part of the pay-off

Jun 13, 2015 10:55 PM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Jon, the wisdom in that is beyond me. Why would anyone buy into those units if they can't use them? Puzzling.

Jun 14, 2015 12:25 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Richie - and this is very true, thank you.

Jun 14, 2015 12:43 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Mike Cooper - until a small group of owners at Castaways Beach Resort attempted to change the use from Hotel/Motel to Multi-family, there was no problem. When they did, the city forced them to abide by the Ordinance and are now enforcing what was dormant for 14 years.

Jun 14, 2015 12:47 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

The struggle to have the most power always leads to a mess. How about we just let everybody do as they please as long as it isn't actually hurting anyone else? 

Jun 14, 2015 01:03 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Here in Destin we have a number of Condotels. The rules are not as restrictive to owner Occupancy. Stay as long as you like.

Jun 14, 2015 03:58 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Marte Cliff - I am all for it. What is not prohibited, should be allowed, but the point is not prohibit as much as some people want.

Jun 14, 2015 06:39 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Bill Reddington - I am sure it is not because it is how it is supposed to be. It is simply a bad arrangement. Unfortunately, though

Jun 14, 2015 06:40 AM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

This is very interesting to me, Jon. At various times I've owned a "condo-hotel" on the island of Kauai. We could stay any time, for any length of time; we owned it. Their were ramifications of course. If we stayed more than 2 weeks/year, we were taken out of the rental pool for that extra time (fair enough.) And there are tax implications on how the IRS treats your investment.

Off hand, I can't see why a city would implement such an ordinance. Do visitors generate more tax dollars for the city than residents do?

Jun 15, 2015 12:47 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Lottie Kendall - actually the city is not fiscally concerned here. They were alarmed with the growing trend where people started buying cheap condo-hotels units in condo-hotels zoned for Transient use, and converting them into their primary residences.

The City is sayiong to condo-hotels, that it is fine if they decide to change to multi-family, which is also allowed under T-1 Zoning, but the key is that then they have to conform to requirements of Multi-Family, and none of condo-hotels can come even close for many reasons. And if they do, it is not going to be cheap...

So, the city is seeing it as violation of zonong law, where they buy under certain use, but then change the use.

Jun 15, 2015 01:15 AM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

Very interesting, Jon. Thanks for the detail.

Jun 15, 2015 01:24 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Lottie Kendall - thank for your excellent comment.

Jun 15, 2015 01:40 AM