ADU Owner Occupancy: Doral vs Miami
How do adu owner occupancy rules compare between Doral, FL and Miami, FL?
Doral, FL
Miami-Dade County
No data available yet for Doral.
Miami, FL
Miami-Dade County
Miami 21 does not require the property owner to live on-site to operate an ADU. Florida HB 1031 (2024) further restricts local governments from imposing owner-occupancy mandates on accessory dwelling units. Recorded deed restrictions in some HOAs may still impose private occupancy rules.
View full Miami rules →Key Facts Comparison
| Fact | Doral | Miami |
|---|---|---|
| City Requirement | - | None |
| State Preemption | - | FL §163.31771 (HB 1031) |
| Homestead Risk | - | Lost if owner moves out |
| HOA Authority | - | Private rules permitted |
| Source of Income | - | Protected (MDC §11A-26) |
Highlighted rows indicate differences between cities.
Doral FAQ
No FAQs available.
Miami FAQ
Does Miami require ADU owners to live on the property?
No. Neither Miami 21 nor the City of Miami Code imposes an owner-occupancy requirement, and Florida HB 1031 (2024) constrains municipalities from doing so. Owners can rent both the main house and ADU to non-owner tenants.
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 property taxes and loss of the 3% Save Our Homes assessment cap.
Can an HOA require owner occupancy?
Yes. HOA and condo declarations can include private occupancy rules enforceable through the association. They are not preempted by HB 1031, which applies to government zoning rules.
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