HOLMES BEACH – Special magistrate Michael Connolly isn’t pulling any punches when it comes to renting vacation rental units for a shorter amount of time than is required by city codes.
During a Jan. 19 code compliance special magistrate hearing, Connolly found violations against the owners of several units at The Coconuts, a beachfront vacation rental complex, some of which received fines during the hearing.
Representing owner Flehd Property Service Advertising and Management Inc. at the hearing was Emily Werner. In the case of unit 105/104A, Werner said a notice of violation from code compliance officers was received on Dec. 8 and all bookings of less than seven nights were corrected beginning Dec. 9, though she was unaware that any existing bookings of less than seven days needed to be canceled. Werner added that now she is aware of the issue, the remaining existing bookings for less than seven nights were being canceled or amended to meet the city’s requirements.
Connolly found a violation in the case and assessed administrative costs of $127.24 but didn’t grant the city’s petition to assess a daily fine.
In the case of unit 103/102B, owned by Flehd Modern Inc., Connolly found that renting for less than seven nights was a repeat violation and assigned a fine of $250 per day from Dec. 9 for the days that the property violated the city vacation rental certificate ordinance and costs of $127.24.
For unit 110/203A, attorney Louis Najmy took to the podium, along with co-counsel Michelle Grantham, to represent owner 100 73rd 203A LLC. The case brought before Connolly was a repeat violation for an improper length of stay, less than seven nights. Najmy argued that his client had made every effort to extend all of the existing reservations to seven nights to meet city codes and that now the rentals at the unit comply. He and Grantham also argued that improper notice of the code hearing was given, despite code officers stating under oath that notices were posted at the property and hand delivered to Najmy’s law office.
Connolly refused Najmy’s motion for continuance and found that the property violated city codes, assessing a $500 per day fine from Dec. 18-Jan. 19.
The case of an alleged repeat violation at unit 118/202C at The Coconuts was a little more complicated. The unit is owned by 100 73rd Street 202C LLC. The renters that code compliance officers spoke to rented the unit for a seven-day/six-night rental, which Najmy said he believes complies with city codes.
Connolly required an interpretation from City Planner Bill Brisson on city codes. Brisson said the code would require a seven-night stay, not seven days, leaving it as a violation for the property to be rented for six nights/seven days.
Najmy argued that the paperwork provided by code compliance officers specified seven days and that his client had attempted to come into compliance and believed that they were within the seven-day stays booked at the unit.
Brisson said the code had been interpreted as seven 24-hour periods, technically eight days, since 2007. Najmy said he wouldn’t argue about the interpretation of the code but would like clear direction from the city’s representatives on what rental terms would be compliant so that his clients could make sure they comply with the VRC’s requirements going forward.
Speaking on behalf of the city, attorney Erica Augello said that looking on the rental agency’s website, AMI Locals, the unit was listed as available for a two-night minimum stay, well below the seven nights required by the VRC, which violates the advertising requirements of the code.
Connolly found the property in violation of the ordinance and assessed a fine of $500 per day from Dec. 22 until the property and its advertising are brought into compliance.
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