Steamboat Property Owners Association (SPOA) Board Meeting Minutes
A board meeting was held on March 26, 2015 beginning at 4:30pm.
Members Present: Rich Danter, Tom Dugan, Paul Longsdorf, Gary Pon, Marcia Pryde and Bill Sauter.
Members Absent: Bill Hibbard
The meeting was held at Marcia Prydes’ residence.
The board has received three (3) vacation home rental (VHR) applications with dates of February and March 2015. Gary indicated that based upon information contained on the Vacation Rental by Owner (VRBO) website one applicant has been making rentals since July 2014 at 1415 Delta Queen Ct without approval from the board. Gary indicated that he and several neighbors on Delta Queen Ct have filed written complaints with Barb Wheeler, Community Development Code enforcement officer. He was informed by Barb Wheeler that she does not enforce the Municipal Code including short-term rentals or association covenants and that the application for VHR by the owners of 1415 Delta Queen Ct would likely be approved by the City.
The board recognizes that Article IV, Section 5A of the SPOA By-laws, provides that the SPOA board is responsible for administering and enforcing the covenants. The board also recognizes that Article II, Paragraph 11 of the Covenants prohibits operation of businesses, including, but not limited to “the nightly or short-term (30 days or less) rental of lodging unless approved in writing by the Board of Directors of the Association”.
In the past the SPOA board has approved applications for VHR when the City issued a permit and for duplexes, when the owner of the adjoining unit did not oppose short-term rentals by their neighbor.
The City short-term rental (STR) permit allows an owner to use their home by visitors in return for payment on not more than two occasions and for no more than a combined total of thirty (30) days per year. The City vacation home rental (VHR) permit does not limit the number of times or days an owner may rent their home.
Following a general discussion the board realizes that the intent of the Covenants directs the Board to maintain a residential atmosphere in our SPOA. Therefore, regarding VHR and STR (30 days or less) the board reached consensus agreement on the following:
- The board opposes approval of any new applications for VHR/STR within the SPOA, based upon legal advice regarding the City definition of STR. In other words, can the SPOA board prohibit an owner from making up to two rentals for a cumulative period of no more than 30 days per year in addition to prohibiting unlimited rentals?
- The board would like to establish sanctions for violations by property owners. This might include utilizing the City fine schedule and/or after “x” violations withdrawing approval for VHR/STR.
- The board would like to utilize a “grandfather clause” allowing owners that have received written approval from the SPOA board to continue to make short-term rentals subject to a sunset clause effective upon transfer of ownership of their property.
The board desires to obtain legal advice from a local attorney regarding application of the above principles. After contacting Mike Holloran, who has provided legal assistance to the SPOA in the past and Sarah Claassen, who was highly recommended by a local realtor, Gary will get back to the board with his impressions. It is then anticipated that at least two (2) board members will meet with one or both of these attorneys to discuss options available to the board.
The meeting was adjourned at approximately 5:35pm.
Gary Pon, Secretary