ADU Owner Occupancy: Bay Hill vs Orlando
How do adu owner occupancy rules compare between Bay Hill, FL and Orlando, FL?
Bay Hill, FL
Orange County
No data available yet for Bay Hill.
Orlando, FL
Orange County
Orlando's Land Development Code historically allowed accessory apartments without an explicit citywide owner-occupancy mandate, and Florida HB 1031 (2024) at §163.31771 further constrains local governments from imposing owner-occupancy requirements on ADUs. Florida Homestead Exemption rules and HOA covenants may still create de facto occupancy pressures.
View full Orlando rules →Key Facts Comparison
| Fact | Bay Hill | Orlando |
|---|---|---|
| City Requirement | - | None codified citywide |
| State Preemption | - | FL §163.31771 (HB 1031) |
| Homestead Risk | - | Lost if owner moves out |
| HOA Authority | - | Private rules permitted |
| Save Our Homes Cap | - | 3% annual cap forfeited |
Highlighted rows indicate differences between cities.
Bay Hill FAQ
No FAQs available.
Orlando FAQ
Does Orlando require ADU owners to live on the property?
Not as a citywide zoning mandate. Florida HB 1031 (2024) constrains municipalities from imposing owner-occupancy on ADUs. Owners can generally rent both the main house and ADU to non-owner tenants under city law, but HOA covenants and homestead rules still apply.
What about homestead exemption?
Florida's Homestead Exemption applies only to the owner's primary residence. If the owner moves out and rents both units, the homestead exemption is lost — meaning higher Orange County property taxes and loss of the 3% Save Our Homes assessment cap.
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