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Rosemary Beach Short-Term Rental Regulation: A Guide For Airbnb Hosts

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Rosemary Beach, Florida

Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.

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Starting a Short-Term Rental Business in Rosemary Beach

Rosemary Beach, located along scenic Highway 30A in Walton County, Florida, is a popular vacation destination known for its beautiful beaches and charming New Urbanism architecture. Many property owners in Rosemary Beach operate short-term vacation rentals through platforms like Airbnb and VRBO. However, there are several important regulations to be aware of before starting a short-term rental business in this community.

Rosemary Beach is a private master-planned community. As such, short-term rentals are subject to the rules and approval of the Rosemary Beach Homeowners Association (HOA) in addition to Walton County regulations. The HOA requires property owners to gain written approval before offering their home as a short-term rental. The HOA also holds its own business tax receipt covering approved community rentals.

At the county level, Walton County requires all short-term vacation rentals to obtain a Short-Term Vacation Rental Certificate. This involves submitting an application, passing a safety inspection, and paying the associated fees ranging from $294 for a studio to $663 for a 5+ bedroom home. Rentals must meet all building, safety, and parking codes to be certified.

Walton County defines a short-term vacation rental as any unit rented for less than 6 months. Certified rentals are required to collect and remit the 5% Tourist Development Tax to the county. The maximum occupancy allowed is 2 people per bedroom, plus 2 additional people.

While Rosemary Beach is a private community, the beach itself is public and open to everyone, not just guests staying in the community. However, Rosemary Beach does have its own private beach access points for residents and guests only. Many homes include access to these private walkovers as an amenity.

Short-term rental operators in Rosemary Beach need to understand and follow all HOA rules and county regulations to avoid fines, penalties or restrictions on their rental business. Working with an experienced local vacation rental management company can help navigate the various requirements.

In summary, the key things to know when starting an Airbnb business or short-term rental in Rosemary Beach are:

  • Written approval is required from the Rosemary Beach HOA
  • A Short-Term Vacation Rental Certificate must be obtained from Walton County
  • The 5% Tourist Development Tax must be collected and paid to the county
  • Maximum occupancy is 2 people per bedroom plus 2 extra
  • Rosemary Beach has private beach access for guests, but the beach itself is public

Adhering to these regulations allows short-term rental operators to run a successful and compliant vacation rental business in beautiful Rosemary Beach, Florida.

Short-Term Rental Licensing Requirement in Rosemary Beach

Property owners must obtain the necessary licenses and approvals from both state and local authorities to operate a short-term rental in Rosemary Beach. At the state level, the Florida Department of Business and Professional Regulation (DBPR) requires all short-term vacation rentals to obtain a Vacation Rental Dwelling License. This involves submitting an application, paying the associated fees, and passing a safety inspection.

In addition to the state requirements, short-term rentals in Rosemary Beach are subject to the rules and approval of the Rosemary Beach Homeowners Association (HOA). The HOA requires property owners to gain written approval before offering their home as a short-term rental. The HOA also holds its own business tax receipt covering approved community rentals.

To apply for a short-term rental license in Rosemary Beach, owners must submit:

  1. A completed DBPR vacation rental application
  2. Proof of approval from the Rosemary Beach HOA
  3. A passed safety inspection report
  4. Payment of all applicable state and local fees

Fees for a short-term rental license in Florida vary based on factors such as rental type and occupancy, but typically range from $250-$400 for an initial application. Licenses must be renewed annually, with renewal fees generally being slightly lower than the initial application cost.

It's important to note that operating a short-term rental without proper licensing can result in significant fines and penalties. In Rosemary Beach, this may include suspension of rental privileges by the HOA in addition to any enforcement actions taken by the DBPR.

Therefore, it is critical for short-term rental owners in Rosemary Beach to thoroughly research and comply with all state and local licensing requirements before listing their property. Working with an experienced local property manager can help navigate the various applications and approvals needed to legally operate a vacation rental in this exclusive beachside community.

Required Documents for Rosemary Beach Short-Term Rentals

Property owners must submit several required documents to operate a short-term rental in Rosemary Beach as part of the application process. These documents ensure compliance with state, county, and community regulations.

First, owners must provide proof of approval from the Rosemary Beach Homeowners Association (HOA). The HOA requires all short-term rentals to be registered and approved in writing before they can be offered for rent. This approval letter must be included with the application.

Next, a completed Walton County Short-Term Vacation Rental Certificate Application must be submitted. This application collects important information about the rental property, including the address, owner contact details, and the number of bedrooms and bathrooms. The application also requires the owner to designate a local responsible party who can respond to any issues within a specified timeframe.

As part of the county application, owners must provide proof that they have obtained the required state and county licenses. This includes a Vacation Rental Dwelling License from the Florida Department of Business and Professional Regulation (DBPR). A copy of this license must be submitted with the application.

Owners are also required to register with the Walton County Tax Collector to collect and remit the Tourist Development Tax. Proof of this registration, such as a certificate or account number, is another necessary document.

The county application must be accompanied by a site plan or survey clearly showing the designated parking spaces for the rental unit. There must be at least one off-street parking space per bedroom, with a maximum of four spaces required. The parking spaces must be clearly delineated on the site plan.

An interior building sketch is also required, showing the layout of the rental unit including bedrooms, bathrooms, exits, and smoke detector locations. This sketch is used to verify compliance with occupancy limits and fire safety requirements.

Finally, the completed application must include payment of all associated fees. As of 2023, the initial application fee ranges from $294 for a studio up to $663 for a 5+ bedroom unit. Renewal fees are slightly lower and must be paid annually to maintain the short-term rental certificate.

In summary, the key documents required for a Rosemary Beach short-term rental application are:

  1. Rosemary Beach HOA approval letter
  2. Completed Walton County application
  3. Florida DBPR Vacation Rental Dwelling License
  4. Walton County Tourist Development Tax registration
  5. Site plan/survey showing parking spaces
  6. Interior building sketch
  7. Payment of all application fees

By carefully compiling these required documents and submitting a thorough application, short-term rental owners in Rosemary Beach can ensure they are operating in compliance with all relevant regulations. This protects the owner from potential fines and penalties and provides peace of mind for guests that the rental is properly licensed and maintained.

Rosemary Beach Short-Term Rental Taxes

When operating a short-term rental in Rosemary Beach, it's crucial to understand and comply with the various tax obligations at the state, county, and local levels. Failure to properly collect and remit these taxes can result in penalties and legal issues.

At the state level, Florida imposes a 6% sales tax on all short-term rental income, regardless of where it is received. This tax is collected by the host and remitted to the Florida Department of Revenue. Additionally, a discretionary sales surtax ranging from 0.5% to 1.5% may apply in certain counties.

In Walton County, where Rosemary Beach is located, there is an additional 5% Tourist Development Tax (TDT) on short-term rentals south of the Choctawhatchee Bay. This tax is collected by the host and remitted to the Walton County Clerk of Court & County Comptroller. It's important to note that the Walton County TDT rate is set to increase from 5% to 7% beginning October 1, 2023, for properties in the northern part of the county.

At the local level, Rosemary Beach imposes a 1% fee on all short-term rental income, known as the Rosemary Beach Town Center fee. This fee is collected by the rental management company or host and used to fund maintenance and improvements in the community.

In total, short-term rental hosts in Rosemary Beach are responsible for collecting and remitting a combined tax rate of 12-13%, which includes:

  1. 6% Florida sales tax
  2. 0.5-1.5% discretionary sales surtax (varies by county)
  3. 5% Walton County Tourist Development Tax (increasing to 7% for some areas in October 2023)
  4. 1% Rosemary Beach Town Center fee

Short-term rental operators must stay informed about any changes to tax rates or requirements at the state, county, and local levels. Working with a professional vacation rental management company or tax specialist can help ensure compliance with all applicable tax laws.

By properly collecting and remitting these taxes, short-term rental hosts in Rosemary Beach contribute to funding important initiatives such as beach maintenance, tourism marketing, and community improvements, while avoiding potential legal and financial consequences.

Rosemary Beach Wide Short-Term Rental Rules

In addition to the licensing and documentation requirements, there are several community-wide rules that apply to all short-term rentals in Rosemary Beach. These regulations are designed to maintain the community's character and quality of life while allowing property owners to transform their homes into vacation rentals.

One key rule is the occupancy limit. The maximum number of people allowed in a short-term rental is two per bedroom plus two additional guests. For example, a three-bedroom home would have a maximum occupancy of eight people. This helps prevent overcrowding and ensures rentals are used as intended for families and small groups.

Parking is another important consideration. Short-term rentals must have designated off-street parking spaces for guests, with a minimum of one space required. Parking on the grass or blocking driveways is prohibited. Some homes include garage access or dedicated parking spots as an amenity.

Noise and disturbance rules are also strictly enforced. Quiet hours are typically from 10pm to 8am, and guests are expected to respect the peace and privacy of neighboring properties. Outdoor music, late-night parties, and other disruptive activities are not allowed.

Safety is a top priority in Rosemary Beach. Short-term rentals are required to have working smoke detectors, fire extinguishers, and emergency lighting. Pools must be properly secured and include necessary safety equipment. Regular inspections may be conducted to ensure compliance with these safety standards.

Trash and recycling must be properly disposed of in the designated receptacles. Leaving trash outside or in public areas is not permitted. Many rental properties include instructions on the specific days and locations for trash collection.

Signage for short-term rentals is regulated in Rosemary Beach. Only approved signs with the property address and contact information for a local responsible party may be posted. Signs must meet certain size and design requirements to maintain the aesthetic of the community.

Finally, all short-term rental guests are expected to abide by the general rules and regulations of Rosemary Beach. This includes respecting private property, using designated beach accesses, and following posted signs and instructions. Failure to comply with these rules may result in fines or eviction from the rental property.

By understanding and adhering to these community-wide short-term rental rules, both property owners and guests can help preserve the unique character and charm of Rosemary Beach while enjoying all the benefits of this beautiful coastal destination.

Does Rosemary Beach Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like BiggerPockets and Reddit, it appears that Rosemary Beach strictly enforces its short-term rental regulations compared to many other cities and beach towns in Florida. The consensus is that Rosemary Beach is not particularly Airbnb-friendly due to the community's private status and HOA restrictions.

Several investors mention that Rosemary Beach requires all short-term rentals to gain written HOA approval and restricts rentals to a minimum of one week. The HOA is known to actively monitor for unauthorized rentals and issue fines or suspend privileges for violations. Access to the community's private beach is also tightly controlled, with most STRs needing to provide guests keycards or access codes.

While some hosts may attempt to operate STRs in Rosemary Beach despite the rules, the general sentiment is that it's not worth the risk. The HOA has advanced software to detect unapproved rentals and is quick to shut them down. Losing access to the coveted private beach is a major deterrent.

In contrast, nearby areas like Inlet Beach and Seacrest are noted as being more STR-friendly with fewer restrictions. Many investors recommend purchasing in these adjacent communities to still be close to Rosemary Beach without the same regulatory hurdles.

Overall, real estate forums indicate Rosemary Beach is one of the stricter communities when it comes to short-term rental enforcement in Florida. Between the HOA approval process, minimum rental periods, and active monitoring, Rosemary Beach is not considered an easy or low-risk place to operate an Airbnb. Hosts are advised to carefully review all rules and either go through the proper approval channels or look to neighboring areas for STR investments.

How to Start a Short-Term Rental Business in Rosemary Beach

Starting a short-term rental business in Rosemary Beach can be a lucrative venture, but it's important to follow the proper steps to ensure compliance with local regulations and set yourself up for success. Here's a numbered list of steps to get started:

  1. Research and understand the local short-term rental regulations in Rosemary Beach and Walton County, including zoning laws, occupancy limits, parking requirements, and safety standards.
  2. Obtain written approval from the Rosemary Beach Homeowners Association (HOA) to operate a short-term rental on your property. The HOA has specific rules and restrictions for rentals in the community.
  3. Apply for a Florida Department of Business and Professional Regulation (DBPR) Vacation Rental Dwelling License. This is required for all short-term rentals in the state.
  4. Register with the Walton County Tax Collector to collect and remit the 5% Tourist Development Tax on all rental income.
  5. Complete and submit a Walton County Short-Term Vacation Rental Certificate Application, along with all required documents such as proof of state and county licenses, a site plan showing parking, and an interior building sketch.
  6. Designate a local responsible party who can respond to any issues or complaints within a short timeframe. Provide their contact information to the county and post it prominently on the property.
  7. Ensure your property meets all safety requirements, including smoke detectors, fire extinguishers, and pool safety features if applicable.
  8. Set up your rental listing on platforms like Airbnb and VRBO, making sure to include your Walton County Short-Term Vacation Rental Certificate Number and occupancy limits in all advertising.
  9. Establish a system for cleaning and maintaining the property between guests. Many owners hire a professional cleaning service to ensure the rental is always guest-ready.
  10. Determine your rental rates and minimum stay requirements based on the season, local demand, and your expenses. Consider using a dynamic pricing tool to optimize your revenue.
  11. Create a thorough rental agreement that includes all house rules, pet policies, and cancellation terms. Have guests sign this prior to their stay.
  12. Keep accurate records of all rental income and expenses for tax purposes. Short-term rental income is subject to both state and federal taxes.

By following these steps and staying informed of any changes to local regulations, you can launch a successful short-term rental business in Rosemary Beach. It's a competitive market, but with the right preparation and management, it can be a rewarding investment.

Who to Contact in Rosemary Beach about Short-Term Rental Regulations and Zoning?

If you have questions or need assistance with short-term rental regulations and zoning in Rosemary Beach, there are several key contacts and resources available:

1. Rosemary Beach Homeowners Association (HOA)

As a private community, Rosemary Beach has its own HOA that oversees many aspects of property ownership and rental activity. The HOA requires written approval for all short-term rentals and holds its own business tax receipt. Contact the Rosemary Beach HOA for questions about community-specific rules and approval processes.

Phone: (850) 231-2900
Email: info@rosemarybeachoa.com
Walton County Planning and Development Services

Walton County administers the Short-Term Vacation Rental Certificate program, which is required for all short-term rentals in the county. The Planning Department can assist with questions about the application process, fees, inspections, and other county-level requirements.

Phone: (850) 267-1955
Email: stvr@co.walton.fl.us
Walton County Code Compliance

Contact the Walton County Code Compliance office for complaints or concerns about short-term rental properties not following county regulations. They investigate violations and enforce the county's short-term rental ordinance.

Phone: (850) 622-0000
Email: code@co.walton.fl.us

2. Florida Department of Business and Professional Regulation (DBPR)

The DBPR regulates vacation rentals at the state level and issues the required Vacation Rental Dwelling License. Contact the DBPR for questions about state licensing requirements, inspections, and compliance.

Phone: (850) 487-1395
Email: dhr.info@myfloridalicense.com

3. Walton County Tax Collector

Short-term rentals in Walton County must register with the tax collector's office to collect and remit the required Tourist Development Tax. The tax collector can assist with questions about registration, tax rates, and payment processes.

Phone: (850) 892-8121
Email: touristtax@waltontaxcollector.com

You can get the most relevant information and guidance for operating a short-term rental in Rosemary Beach by contacting the appropriate office based on your specific needs and questions. It's important to work closely with these local authorities to ensure full compliance with all applicable community, county, and state regulations.

What Do Airbnb Hosts in Rosemary Beach on Reddit and Bigger Pockets Think about Local Regulations?

Based on discussions from Airbnb hosts on Reddit and BiggerPockets forums, it seems that Rosemary Beach has relatively strict regulations when it comes to short-term rentals compared to surrounding areas. Here are a few key takeaways:

  1. Rosemary Beach HOA Approval Required: Several hosts mention that the Rosemary Beach Homeowners Association (HOA) requires all short-term rentals to gain written approval before being allowed to operate. The HOA keeps a tight control on rentals in the community.
  2. Minimum Rental Periods: Some hosts note that Rosemary Beach has a minimum rental period of one week, which is longer than some nearby towns that allow nightly rentals. This can impact occupancy rates and revenue for hosts.
  3. Limited Access for Non-Guests: Rosemary Beach restricts beach access to only residents and registered guests as a private community. This means hosts can't advertise their rental as having public beach access, which some feel limits their pool of potential renters compared to areas with public beaches.
  4. Strict Enforcement: Hosts comment that Rosemary Beach is known for actively monitoring and enforcing their short-term rental regulations. The HOA reportedly uses software to detect unapproved rentals and quickly shuts them down, with the risk of fines or losing rental privileges.
  5. More Favorable Regulations Nearby: In contrast, hosts mention that areas close to Rosemary Beach like Seacrest, Inlet Beach, and Panama City Beach have more lenient short-term rental policies. Many recommend investing in these adjacent areas to avoid the restrictions while still being near the desirable Rosemary Beach area.

Overall, the sentiment among Airbnb hosts on these forums is that while Rosemary Beach is a beautiful and popular destination, the local regulations do present some challenges and limitations for short-term rentals. Many suggest either carefully abiding by all the rules and going through proper approval channels with the HOA, or considering nearby communities that are more favorable to short-term rentals. However, most still feel that the area's high demand makes it a profitable place to invest in vacation rentals for those who can navigate the regulations.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.

🤔 Confused? Get your vacation rental license, tax registration and inspections done for you

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