Ad Hoc Short Term Rental Committee - orig
STR Committee Recommendations, Survey Data, and FAQ's
Summary of the STR committee recommendations:
Based on the survey results and community feedback, detailed below, the STR committee will make the following recommendations to the BOD:
Phase 1 (June 2022)
1. Recommend new Fine Structure (change to R&Rs) with exception of not recommending the Nuisance House fine, Aggressive Behavior fine, or Parking Violations fine.
2. Recommend publishing patrol report to HPMA website each month to show violation address, type of violation, and whether committed by owner, guest, renter, or contractor.
3. Recommend producing 50 laminated copies of the personal conduct/community rules and invite STR owners to come to office, pick up, and post in their rental.
Phase 2 (Fall 2022)
1. Monitor violations over the summer. In the fall, evaluate trends seen over the summer months to determine if additional recommendations are needed.
2. Recommend process for the registration of STR owners (change to R&Rs), subject to legal counsel approval, to provide a mechanism to ensure that all STRs are compliant with RCW 64.37.010. Will recommend that all registered STR owners are provided a free listing of their STR property on the HPMA marketplace.
3. Revisit need for registration of STR renters (subject to legal counsel approval).
May 2022 Survey #2 data
Q1 What type of property do you own at the Pointe?
| House | 185 | 70.8% |
| Island House | 53 | 20.08% |
| Lot | 12 | 4.55% |
| Multiple Properties | 14 | 5.30% |
Q2 How do you currently rent one or more properties you own at the Pointe?
| I rent one or more properties on a long-term basis (6+months) | 6 | 2.40% |
| I rent one or more properties on a short-term basis | 34 | 12.80% |
| I do not rent my property | 217 | 82.40% |
| I intend to rent my property once it's built | 7 | 2.40% |
Q3 If you do not currently rent your property, are you planning to within the next year?
|
Yes, I plan to rent on a long-term basis
|
8 |
3.49%
|
|
Yes, I plan to rent on a short-term basis
|
26 | 10.92% |
| No, I do not plan to rent my property | 207 | 85.59% |
Q4 In general, are you in favor of the recommendations from the STR committee as listed above regarding short term rentals at the Pointe?
| Yes | 179 | 68.58% |
| No | 82 | 31.42 |
Q5 Please explain why you do or do not support the recommendations
Not quantified; See Q5 comments below.
Q6 Do you support the proposed fine structure?
| Yes | 164 | 62.84% |
| No | 97 | 37.16% |
Q7 Do you support requiring owners to register their short-term rentals with the office?
| Yes | 199 | 75.67% |
| No | 64 | 24.33 |
Q8 Do you support registration of short-term rental tenants?
| Yes | 174 | 66.67% |
| No | 87 | 33.33% |
Q9 Do you support the addition of the new ‘Parking Violations’ fine?
| Yes | 173 | 66.80 |
| No | 86 | 33.20 |
Q10 Do you support the addition of the new ‘Nuisance House’ fine?
| Yes | 188 | 72.59% |
| No | 71 | 27.41 |
Q11 Do you support the addition of the new ‘Aggressive Behavior toward staff’ fine?
| Yes | 163 | 63.42% |
| No | 94 | 36.58% |
FAQs from survey feedback:
Why can't HPMA limit or eliminate short-term rentals?
Washington State defines short-term rentals “as lodging provided by an owner or operator for less than 30 consecutive days in a dwelling or residential unit for a fee.”
In 2014, a case known as WILKINSON v. CHIWAWA COMMUNITIES ASSOCIATION, was heard by the Washington State Supreme Court where it determined that vacation rentals are consistent with single-family residential use and are not considered commercial uses. In addition, the Washington State Supreme Court determined that a complete prohibition on vacation rentals constituted a new covenant that required unanimous consent of all owners.
HPMA CC&R's establish the rights for owners to rent their property, subject to any HPMA Rules & Regulations, which establish the responsibility of property owners for the conduct of their guests.
See CC&R's Article II, Section 2 - Property Rights: Delegation of Use and Rules and Regulations Article IX, Sections 1 & 2.
See CC&R's Article II, Section 2 - Property Rights: Delegation of Use and Rules and Regulations Article IX, Sections 1 & 2.
However, RCW 64.37.010, passed in 2019, requires short-term rental operators and platforms to register with the state Department of Revenue and remit all local, state, and federal taxes and local lodging taxes. They are required to provide renters with the contact information of someone who may respond to inquiries during a stay and comply with carbon monoxide alarm laws. Short-term rental operators need to post the rental unit’s address, emergency services contact information, the floor plan with fire exits and escape routes, maximum occupancy limits, and the operator’s contact information in an obvious place within the short-term rental unit.
Fine assessment: What system is going to put in place to fine guests or renters separate from the property owners? Would a fine then be levied on the property owner? If the property owner refuses to acknowledge responsibility for the fine, would that property then be subjected to a lien? Is it legal or right to fine/chastise an owner for another’s behavior?
Property owners are responsible for violations by their Guests, Tenants, or Renters and are responsible for all fines and/or liens assessed for violations. This is defined in multiple places in the Rules & Regulations including under ARTICLE I, Section 5, Universal Application, ARTICLE II: D. Guests and Tenants, and I. Fines are Assessments, and ARTICLE VIII, Section 1.
Registration: How will this be done? Can the current staff handle the additional work load? What burden will the program place on office staffing and patrol? Who will be responsible for registering if the owner uses a property managing agency? Can this be enforced? Do we have the staff and time to engage in a paper chase? Register each and every individual short-term rental tenant? Why? for what purpose/benefit? Do guests of residents have to register?
The STR committee recognizes that both legal counsel and a registration system that does not place a burden on staff is needed before any registration can be recommended to the BOD. The STR committee will follow up on these items and re-evaluate in the fall.
Speeding: How do you know that someone is speeding in excess of the 15 miles per hour at the Pointe unless a radar gun is being used on every vehicle that you suspect is speeding?
Patrol relies on owners to report speeders and will then attempt to follow up with a warning to please slow down. Patrol also has the ability to observe behavior while out on patrol and pull the vehicle over and give them a warning. If the same vehicle is reported again, patrol can follow up with a fine. 15 MPH is very slow, so it’s easy to spot cars exceeding that limit.
Dog feces: How do you know who the dog feces belongs to? How would one trace dog poop to a particular dog?
There is no way of knowing who is not cleaning up after their pet unless a pet owner is caught in the act. The STR committees does know from looking at the STR listings on the online platforms that very few STR properties allow pets, so it’s reasonable to assume it is mostly property owners who are not adhering to this rule.
Nuisance house: What is the definition of Nuisance house? Is this about individuals or households? Why have an additional fine here and not just add $250+ to fourth offense by individuals to keep the logic sound? How do you measure or determine what is a nuisance and what is not?
The proposed Nuisance house fine was intended to be applied to any property with 3 or more personal conduct violations in a calendar year as an incentive for the property owner to work to reduce the number of violations. It would take a BOD vote to categorize a property a Nuisance house. However, given the community feedback, the STR committee will not recommend this new fine to the BOD for consideration.
Aggressive behavior: What is defined as aggressive behavior? Who determines what is aggression toward staff? Is it enforceable? Would it stand up on court? Is it verbal and over quickly or does it go on for a long time? How is aggressive behavior defined? Shouting? Threats of physical violence? Actual physical violence?
The proposed Aggressive behavior fine was intended to provide a way to apply a financial consequence for aggressive behavior towards staff. However, given the community feedback, the STR committee realizes it is too subjective and hard to enforce and will not recommend this new fine to the BOD for consideration.
Parking questions: Is there clear evidence that this is a problem? I sometimes notice cars parked on the grass and they get a flyer, is that enough or is there a huge parking issue that requires a new fine? Don’t we have these already? Who is going to police? If I park and block my own driveway will I be fined?
Given community feedback, the STR committee realizes the current parking rules are sufficient and will not recommend any additional parking rules/fines.
Comments by question
Q5 Please explain why you do or do not support the recommendations
Q6 Do you support the proposed fine structure?
Q7 Do you support requiring owners to register their short-term rentals with the office?
Q8 Do you support registration of short-term rental tenants?
Q9 Do you support the addition of the new ‘Parking Violations’ fine?
Q10 Do you support the addition of the new ‘Nuisance House’ fine?
Q11 Do you support the addition of the new ‘Aggressive Behavior toward staff’ fine?
Short Term Rental Survey 2_May 2022
In March, we sent a our planned second survey to the community to gauge support for recommendations that the Short-Term Rental (STR) committee was considering to present to the board for adoption.
When we looked at the results we saw a huge discrepancy between the number of respondents who answered the information related to ownership and the number of respondents who answered the recommendation questions and felt that there was a possibility of missing owner input.
We believe there was an technical issue with the previous survey platform where it did not save all the answers and feedback that was provided. The STR committee made the decision to redo the survey on a different platform.
We apologize for the inconvenience of having to do this survey twice. But the STR committee believes that it is crucial to accurately and completely capture all community feedback in order to to make recommendations to the board. Results to the survey will also be posted on the website.
Introduction
The Short Term Rental Committee was authorized by the HPMA Board last year to recommend adjustments to existing rules or new rules to better manage guests of rental properties. The committee has taken a three-pronged approach through; Education, Engagement and Enforcement and are considering the following recommendations to the Board. The purpose of this survey is to gauge community support for these recommendations.
Recommendations from the Short Term Rental Committee
1. Develop, publish and recommend that owners post the primary rules of the Pointe to be used by guests and tenants when owners are not present.
2. Review, revise and recommend a new fine structure around ‘personal behavior’ conduct (see below).
3. Review existing STR WAC requirements with respect to fire safety, maximum occupancy, business licensing, insurance etc. Post those requirements on the STR web page and provide to landlords with the expectation that they are to be complied with. Chapter 64.37 RCW: SHORT-TERM RENTALS (wa.gov)
4. Recommend to the Board that HPMA adopt a registration system for both homes in the rental market and for the tenants that rent them.
Review of HPMA Fine Structure:
The STR committee has reviewed the current fines and is making recommendations to the Board that will apply equally to everyone; property owners, guests, and tenants alike.
The proposed fine structure is designed to place a larger financial burden on habitual offenders (applicable to property owners, guests and tenants).
Note: Progressive fines would reset and start over at the first of the year.
Ad Hoc Advisory 2021 Short Term Rental Committee
The HPMA board recently formed an Ad-Hoc Committee to recommend adjustments to existing rules or new rules to better manage guests of rental properties.
Teleconference Meetings for 2022:
1st and 3rd Fridays of the month at 1:00 pm to 2:00 pm
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Meeting ID: 869 2797 5997
Passcode: 946841
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Meeting ID: 869 2797 5997
Passcode: 946841
Find your local number: https://us02web.zoom.us/u/kctclYZoatAGENDAS:
Friday Sept 24: 2pm - 3pm
Deep dive survey one data and begin to discuss next steps
Friday Oct 1: 2pm - 3pm
Solidify next steps in preparation for Oct BOD meeting (Oct 7)
Friday Oct 21: 2pm -3pm
Review action items and craft survey 2
Friday Nov 5
August 2021
Survey Purpose:
The HPMA board recently formed an Ad-Hoc Committee to explore community sentiment around rentals at Hartstene Pointe. Your responses will help us gauge community support for keeping rules as they are or to recommend adjustments to existing rules or new rules to better manage guests of rental properties.
Survey 1 Results:
HPMA Short Term Rental Survey Results August 2021
Response Rate: n= 371
1. What type of property do you own at the Pointe?
House
(269/371) 72.40%
Island Home (72/371) 19.50%
Lot (34/370) 9.20%
Multiple Properties (13/370) 3.50%
2. Do you currently rent one of more properties you own at the Pointe?
At least one long term (6+ months) (10/370) 2.70%
At least one short term (27/370) 7.30%
I do not rent my property (306/371) 82.40%
I intend to rent my property in future (33/370) 8.90%
3. If you do not currently rent your property, are you planning to within the next year?
Yes, Long term basis (6+ months) (7/370) 1.90%
Yes, Short Term basis (44/370) 11.90%
No I do not plan to rent (292/371) 78.60%
4. Do you believe Rental Properties impact the Hartstene Pointe Community?
Negative Impact (130/371) 34.90%
Positive Impact (30/370) 8.10%
Both Positive and Negative Impact (185/370) 50.00%
Do not impact (23/370) 6.20%
5. What concerns do you have about Rental Properties at Hartstene Pointe?
Behavior/Rule Compliance (295/370) 79.50%
Gate Entry/Security (217/371) 58.40%
Fire Safety (195/371) 52.40
Other (114)
Overuse of resources/amenities
No respect/investment for community
Speeding
Noise/parties
Dogs
Extra garbage
Parking
Vandalism/theft
6. What positive benefits do you believe rental properties provide at the Pointe?
A place for family/friends to stay (251/370) 67.80%
Potential owners try before buy (176/370) 47.60%
Financial benefits for property owners (207/370) 55.90%
Other (52)
None - no positive benefits
2nd home/use for guests
Investment/added income
Increases property values
7. Have you ever had an issue with a Rental?
Yes (144/371) 38.60%
No (218/371) 58.90%
Addl Information (145)
Noise
Speeding
Not following rules
Smoking - common area/trails
Dogs barking
Dogs off lease
Piggy backing at gate/unauthorized use
Dog poop not picked up
Not putting out beach fires
Vandalism
8. If So, did you contact Patrol?
Yes (78/371) 20.80%
No (101/370) 27.30%
9. What other additional comments do you have on this topic?
110 owner comments:
Owner to enforce rules/renters to follow rules
Limit number of rentals
Support for Short Term Rentals at Pointe
HP is not a resort
Running rental as a business
Guest registration online/in the office
Piggy backing in the gate
Guidelines for rentals
Opportunities for others to enjoy Pointe
Renters support local business
Limit amount of time for renters to use amenities
Committee Members:
Sheryl Hughey. Chair
Dan Hrehov
Liz Wolk
David Fawcett
Vicki Patterson
Pam Lynn