BBECA Vacation Rental Blog

Welcome to the first BBECA Blog. We hope that this blog will provide homeowners and residents with information about Vacation Rentals in the neighborhood, which will result in a question and answer forum. We do not want this blog to become a bully pulpit for neighbor against neighbor issues. Dave Wiley, a BBECA Resident and local realtor, will post informative articles on the blog and then answer questions submitted by email. We will not print names or addresses of rental properties and recommend that if you are having an issue with a rental property you start by contacting the homeowner. For more information on the rules and regulations, go to the County web site at
http://www.monroecounty-l.gov/Pages/MonroeCoFL_CodeEnforce/index.  Under Additional Links select Monroe County Code.  You will now be on a page titled Municode.com.  In the Search Site Box type Vacation Rentals and click on Search.   The Code Compliance Office is responsible for the enforcement of these rules. 

Procedures for sending a questions.

1. Send email to Dave_Wiley@comcast.net.
2. Dave will reply to your email and then the question and answer will be posted on the blog.
3. We will post the name of the originator of the email to Dave.

Here is Dave's first article and email and correspondence.

VACATION RENTALS AND YOU
By: Dave Wiley

When it comes to vacation rentals you either love 'em or you hate 'em…there's not much in between.  If managed properly and professionally the vacation rental should be able to coexist in the community without causing any waves.  Some of the repeat tenants may even come to be your future neighbor.  Or at minimum they may become your friends as you look forward to there return next winter or spring.  This I have personally witnessed over the years here in Breezeswept Beach Estates both as a property manager and homeowner.

Over the coming months I will be writing a column for our website and newsletters with the intentions of passing along some of the specific rules and regulations pertaining to the operation of vacation rentals in subdivisions like ours here on Ramrod Key.  If there is enough interest I would be willing to go one step further and set up a blog on my website where we could have a more spirited community dialogue to discuss the issues.  Email and give me your input on this:  info@davewileyproperties.com

11/06/2008 Installment by Dave

With the passing of the recent cold front we should all be reminded as to why we are here, and why others want to be here. Soon the snowbirds and tourists will begin there annual migratory push to our islands. With the cooler temperatures also comes those folks who can only stay for short periods of a few months or even only a week or two.

According to the Monroe County code (referenced below) each property engaged in vacation rental shall obtain a vacation rental permit and in addition a vacation rental manager license is required of either the owner or property manager. The statute further explains the requirements and process so that surrounding residents can contact the owner/manager 24/7 in the event that it becomes necessary as follows:

“(10) All vacation rental units shall have a vacation rental manager or managers, who has been issued a vacation rental manager license by the planning department as provided for in section 9.5-534(h). The vacation rental manager shall reside within and be licensed for that section of the county (upper, middle, and lower keys) where the vacation rental unit is located and be available twenty-four (24) hours per day, seven (7) days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation
rental manager shall require written notification to the planning department and notification by certified return mail to property owners within three hundred (300) feet of the subject dwelling.

(11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one (1) hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least three (3) months after the incident, which shall be available for inspection by the Monroe County code enforcement department during business hours.

(12) The name, address, and telephone number of the vacation rental manager(s), the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit.” It is likely that the majority of the properties that are being utilized in the Keys for short term rental are being managed responsibly and are not effecting surrounding neighbors, therefore are going mostly unnoticed. However, in the event you are being adversely affected by the “bad apple” in the bunch it is clear that you should first establish contact
with the property manager if known. If no property manager then go directly to the owner of the property.

What you will notice in the regulations above is that complainants are directed to contact the manager/owner of a property, not the police or code enforcement. In an effort to effect a remedy in a responsible, neighborly way I would suggest printing out Sec. 9.5- 534 (link below) or other sections of the code that pertain, and highlight the portions that are of concern and pass this along with a letter of your concerns to the owner of record. If owner name and address is not known, this can be easily found on line from the Monroe County Property Appraisers page http://www.monroecounty-fl.gov/Pages/index
It’s highly likely that most property owners are not aware of and have not read the regulations pertaining to vacation rentals. Responsible owners hopefully will respond and make efforts to correct issues.

I would encourage every property owner in Monroe County to read and understand the regulations for vacation rental use even if you are not utilizing your property in this way. As a Realtor I am making an effort to ensure that new buyers that I work with have a clear understanding of these rules and regulations before they buy. If other Realtors do the same then we will have a positive effect over the long run.
LINK TO: ARTICLE XIII. ENFORCEMENT PROCEEDINGS AND PENALTIES http://library1.municode.com/default/DocView/11270/1/88/101?hilite=vacation;vacations
;rental;rentals;

The Coldwell Banker “Tropical Breezes” Q4 newsletter is hot off the press. To receive
please email request to mailto: info@davewileyproperties.com

Dave Wiley,

Emails received. Dave's replies are in blue.

email 5: received 11/2008

Dear Dave:

I am a bit confused.  I thought, per code, that vacation rentals and the license requirementrs and 24/7 manager availability referred to leases for less than 28 days - which is not legal and should not be happening in our neighborhood?

"Monroe County Code Section 9.5-4(V5): Vacation rental or unit means an attached or detached
dwelling unit that is rented, leased or assigned for tenancies of less than twenty-eight days
duration. Vacation rental use does not include hotels, motels, and RV spaces, which are
specifically addressed in each district."

Sincerely,

Beryn Harty

Dear Beryn:

In response to your question; I did not look back to the regulations, but did confirm with one of our property managers here at Coldwell Banker the following: 

A property which is being rented on a short term basis whether less than 28 days or more than 28 days (seasonal) is a vacation rental and must follow the vacation rental guidelines and regulations as posted on the County site.  So short term rentals of more than 28 days although allowed in IS zoned subdivisions must follow the same license requirements and 24/7 manager/owner availability.

Dave Wiley, REALTOR®

Dear Dave:

I do not know to which of your managers you spoke, but it appears that he gave you incorrect information.  I just spoke to Nancy Dowling, the Senior Code Enforcement Officer for the Lower Keys, to confirm that my understanding of the laws and codes was correct.  Her number is 305-296-4496, in case you wish to call her yourself to see that I am accurately quoting her. The regulations for "vacation rentals" of  28 days or less are not the same as those for 30 days or greater.  The latter require an occupational license for city and county which are obtained from the Tax Collector's office.  They do not include a requirement for a local / on-site 24/7 manager, nor do they include the extensive application process to obtain a short term rental license.   All homes on the South side of Ramrod in the Breezeswept Beach Estates are in what is zoned as "IS", an Improved Subdivision, and NO rentals of 28 days or less are permitted by law, regardless of what license(s) one may have or obtain.

Sincerely,

Beryn Harty

email3:   We have indeed developed friendships with winter renters. Short term renters seem to be OK but aren’t around long enough to get to know very well. Some of the weekly and weekend renters (those we voted against) are a bit problematic. Not all but many of them are noisy, speed in our streets and canals, litter and allow their dogs to bark and crap in our yards. Did I leave anything out? The weekenders seem to be more plentiful lately and the people renting to them need to be reminded that it is not allowed (by popular vote).

Landlords could post notices in their houses explaining to their tenants that they are in residential neighborhoods and should treat their neighbors with respect. Explain the rules of the road and water. Otherwise the tenants should rent in some party area.

As most of us already know the minimum allowable rental is 28 days so if different groups are coming and going within a 28 day period and they are causing a disturbance to surrounding neighbors, then the property manager or the owner of the property should be contacted with the complaint.  Monroe County requires owners/managers to post both inside the house and out on the street a name and contact phone number that individuals may contact 24/7 to register a complaint.  You should first attempt to identify and contact the property manager and if there is not one then next would be the owner of record.

Email2: Hi Dave!  Thanks so much for your input on the vacation rentals.  After reviewing the various County policies, are there any restrictions as to how many people may reside in a vacation rental?  For instance, should a three bedroom home have any more than six people in it?  If this is the case, where in County policy is this stated?

Monroe County regulations clearly indicate a maximum occupancy of two persons per bedroom.  Regulations also state that “No more than 1 motorized watercraft, including jet ski or wave runner shall be allowed at each vacation rental unit”.  This verbiage can be found in Article XIII, Section 9.5-534 Vacation Rental Uses.

Email 1.Yes, I Do believe people need information about the vacation rentals. I do not believe they know it is illegal to rent for less than 28 days and that you have to have a license to do so. It might be very helpful to our community to have this information on the alert for people that are there for a short time and do not belong. This information could enhance our Crime Watch Group.

I believe most property owners are aware of the 28 day rules.  Most Realtors including myself make it a point to explain this to out of County buyers who are buying property here in our neighborhoods.  Some think they can rent the property to help defray the costs, but this just cannot be done here given the price of our homes.  I don’t think we should be turning our neighbors into the authorities just because someone has stayed at the home for a week or so.  As long as there is no other rental within that 28 day period then this may fit within the guidelines?  If a rental unit is operating lawfully, quietly and respectfully toward surrounding neighbors and not causing a disturbance then why would we complain about a well managed property.  If renters are not being respectful and causing a disturbance then the owners of these properties should step up and take responsibility.