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Can a Condotel Be Homesteaded?


The question as to whether a condotel may be homesteaded came up in reference to a listing I have. I went to Charlie Lyons of Volusia COunty for the answer and thought I would share this information. Here is his reply:

“The definitive answer to your question is that the Property Appraiser’s Office accepts applications on all condo/hotel units although some condo declarations specifically do not allow permanent residence. Some city ordinances may also prohibit permanent residence in the smaller units due to their size. This issue was decided based on a court decision to allow a homestead in a Volusia County condo/hotel whose declaration said only transient, residential use was allowed. The court ruled that homestead was allowed, and this is case law that we are obligated to follow.

I hope this clarifies the situation for you. Please don’t hesitate to contact me if I can be of further assistance.”


Charlie Lyons, C.F.E.
District Appraisal Director
Condominium/Timeshare Division
Volusia County Property Appraisers Office

Phil Hanner
Experienced Short Sales Agent
Accredited REO Agent™
Keller Williams Realty Florida Partners
3510 S. Nova Road, Suite 112
Port Orange, FL 32129
Licensed Realtor
Cell: 386-214-7745
Fax: 386-944-2808

“Wait long. Strike fast.”
Member South Daytona/Port Orange Chamber of Commerce
Member Central Florida Realty Investors


October 27, 2011 - Posted by | Uncategorized | ,

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