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Vacation Rental Bans (Transcript)
Christine addresses the issue of vacation, short-term, and transient rental bans.
Christine Karpinski: I am Christine Karpinski. Thank you for listening to the How To Rent Vacation Properties By Owner podcast. Today I am going to talk about vacation rental bans. First, I let me to you what a vacation rental ban is. It is basically when a municipality imposes a restriction against you renting your property on a nightly, weekly, or even sometimes a monthly basis. The restrictions typically mean anything less than a full lease of six months or more. These bans are becoming way more prevalent.
And let me tell you what motivated me to bring you this podcast. This past weekend I got an email from a homeowner in Hawaii, and she was requesting that I take some action to help the state of Hawaii vacation rental owners out. Basically, there was a meeting that was going to go forth, through the state, where they were talking about restricting vacation rentals in the whole state of Hawaii. I know it sounds absurd; it's crazy to me as well. This has not been resolved, there are still issues going on with this. I am definitely keeping my eye on this, as you should. Even if you don't own in Hawaii because it is happening throughout the whole country. And if Hawaii passes a ban on vacation rentals in their entire state, this is going to set precedence for other states. So we have to, definitely keep our eye on this.
So let me tell you a little bit about vacation rental bans. Why, first of all, they came about, and what you can do as a property owner to help or prevent it from happening in your area. Basically a vacation rental ban, as I said before, is when a municipality imposes a restriction against you renting your property on a nightly or weekly basis. We are seeing this throughout the whole country. I've seen it in California, in Florida, in Maine, Pennsylvania, New Mexico, and Arizona is another big one, New York. I have even seen it is part of Canada. These state and local governments are not the only entities that are imposing vacation rental bans. We have seen for a long time, the condominium complexes and homeowner associations are also getting into this act.
This is why of course I advise people when they go to purchase that you should not buy in an area where there is a vacation rental ban, where there's zoning laws against it. So often I will hear from somebody that says, "Oh Christine, we bought this place here in Arizona. We knew it was illegal to rent our property but, you know, everybody else was doing this." This goes back to the principals that your mother taught you, "Just because everybody else is doing it doesn't make it right." Sooner or later somebody is going to figure it out.
And let me tell you something: if there is a law on the books, it is very easy for one single homeowner to raise the point and make it so that the local government has to enforce that law. If there's not a law, there are a lot of things that you can do to help combat and fight that law from happening.
Let me tell you about the three things that are definitely driving vacation rental restrictions around the country. Permanent residents, I think, are the primary reason that we see vacation rental bans. It seems that people who live in the vacation rental areas get upset when people start moving into their secret little paradise. They don't like to deal with the crowded roads, the crowded grocery stores, the restaurants, they can't go out to eat-- it takes an hour or two hours to sit down. That's usually what starts the wheels in motion for a vacation rental ban. The local residents basically get annoyed, they get annoyed with the parking issues, they get annoyed with the partiers, or the crowded beaches, or anybody that has come into their little paradise.
And then there is the other part, the more socioeconomic issue, because what happens is vacation rental properties help drive up the prices for the properties in the area. And the locals can no longer afford to live in their little paradise. So there are a lot of things, and I think that the understanding of that helps you be able to combat it and makes it easier for you to fight.
Another reason is the hotel and bed and breakfast industries. Let's face it: most people who rent by owner think that their main competitors are property managers. Property managers and vacation rental owners are really working toward the same goal. It is the same thing; it is just a matter of who is physically renting that property. While those property managers do share the industry, it is really the hotels and B&Bs who are our biggest competitors. Vacation rental owners, we are edging in on their territories, and I think that is probably the biggest lobby group that we see is hotels. They have really deep pockets and plenty of money to lobby against short term rentals. If you have got somebody who is going to an area and their hotels are no longer booked, but all their vacation rentals are booked, those hotels are going to be coming up on our shirttails and they are going to start fighting.
I would say, probably the biggest problem that we vacation rental owners face is that it is really difficulty for us to band together to fight against the cause. And it is really imperative that individual owners and property managers work together on these issues. We saw this in Big Bear California, where it was brought up (vacation rental bans and restrictions) and hotel and B&B owners were trying to get it on the books. And the property managers were wise enough to get together with property owners and band together to try to fight it. And thus far they have been pretty successful. So, definitely follow their lead on that. You can go to the Owner Community and read a lot of news articles about what happened in Big Bear, California.
OK, so now I've told you pretty much what a vacation rental ban is, why it is, now let's talk about what we can do as vacation home owners who are looking to rent out our vacation homes. What can we do in defense to help stop a vacation rental ban from happening in your area?
The first thing that you can do is consider networking with other owners and property managers against any impending bans, or lobby groups that are proposing these bans. But the number one defense against vacation rental bans in your area; believe it or not, it's collect and pay sales tax. And that means encouraging other owners to do the same. In every single case that I've seen, regarding vacation rental bans, the sales tax revenue has weighed very heavily on the deciding factor as to whether or not the bans get passed.
And let me explain that a little further. In areas where the majority of the property owners do indeed collect and pay sales tax, they usually don't lose their right to rent. For instance in 2005, Polk County, Florida, reported that the vacation rental industry had contributed more than $3.5 million in tourist development tax. Now that tourist development tax is just that little extra percent on top of your state sales tax that you pay to the county. So $3.5 million in tourism development tax that contributed to their county, that's pretty serious money.
And I would venture to guess that Polk County, Florida, is not going to be high on the list of counties that start imposing vacation rental bans. Let's face it; once the county, city, or town has used the revenue stream for their sales taxes collected via vacation rentals, it's going to be really difficult to give up that money. Especially when you are talking about politicians giving up that money.
So, I think that collecting and paying sales tax is your single most important thing that you can do. And a lot of people say, "Well, you know, I only rent out a couple weeks, or three or four weeks a year. I don't want to bother." It is really, really important. It will affect your ability to rent and it will affect your property values. So definitely you'll want to make sure that you are indeed collecting and paying sales tax.
The second thing that you want to do is get involved with your vacation rental community. Probably a huge disadvantage for vacation rental owners is, even though we do pay property taxes, and by the way we pay a higher rate property tax because we are not homestead, we are non‑homestead exemption, the majority of the members of the voting community are not vacation home owners, or are not vacation rental owners. So even if you had an area that 25% of the homes were owned by primary residents and 75% are owned by out‑of‑town residents, it doesn't matter, the out‑of‑towners have no vote. The permanent residents are always going to win when it comes time to fill out those ballots in November.
So, I think probably the thing you need to do is to get socially and politically involved. Attend meetings, volunteer for events; let your community get to know you. Let them know that you are not just some big, huge investor that cares nothing about their community. Be sensitive to their gripes and annoyances and don't play the game of "them versus us." We are all in this community together. You don't know, maybe some time down the road that will be your permanent residence.
So, definitely get involved in your second home community, and be sure to clearly inform your renters of any parking noise or any ordinances that your community has. Let your renters know that hey, people do live in this area, and you have got to be quiet and courteous-‑ all of those things. So, even though you don't live there full time, realize it is your community.
And probably the last thing that I would advise for you to do to help educate yourself, is order home delivery of your local newspaper for your vacation rental property. For instance, I own in Destin, Florida and get the Destin Log delivered to my home. This way you can be abreast of any complaints or initiatives regarding vacation rental bans that might be coming up. While a ban might be eminent, you'll at least go down fighting. You'll be informed, and you can do something about it. Now go collect and pay sales tax, order home delivery of your property, get involved in your community, and go to OwnerCommunity.HomeAway.com. Thanks for joining me, have a great day.
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