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Vacation rental legislation moving forward

ANNA MARIA – City Attorney Becky Vose has requested separate shade meetings to discuss separate lawsuits pertaining to repeat noise ordinance violations at two vacation rental properties.

The shade, or private, meetings are scheduled immediately after the Thursday, April 13 city commission meeting.

The lawsuits were filed after Special Master Gerald Buhr, in separate actions, declared each vacation rental property to be a public nuisance because vacation rental guests at each property received three noise ordinance violation citations within a 12-month period.

In June 2022, the city filed a lawsuit against Mangoes on Magnolia LLC for the repeat noise ordinance violations that occurred at a vacation rental home at 313 Magnolia Ave. Orlando resident Rajendra Patel is listed as the LLC’s registered agent.

City officials to discuss noise ordinance lawsuits

Multiple noise ordinance violations led to this vacation rental home at 205 South Bay Boulevard being declared a public nuisance. – Joe Hendricks | Sun

In the Mangoes on Magnolia lawsuit, the city seeks as injunctive release a court order that would prevent the home from being used as a vacation rental for up to one year.

In August 2022, the city filed a lawsuit against Beach to Bay Investments Inc., AMI Locals LLC and developer Shawn Kaleta for repeat noise violations that occurred at a vacation rental home at 205 South Bay Blvd.

On March 22, the attorneys representing the city and Beach to Bay In- vestments agreed to a 30-day extension to conduct settlement negotiations.

“The parties have agreed to enter settlement negotiations to possibly avoid further litigation in this matter,” according to the extension request document.

When requesting the shade meetings, Vose said, “I desire advice regarding the litigation.”

After noting that none of the current commissioners have participated in a shade meeting, Vose explained the behind-closed-doors process that will include the mayor, the five commissioners, the city attorney and a court reporter who will create a verbatim transcript of the discussion. The transcript of the private meeting becomes a public record after the lawsuit is over.

To date, no court hearings have been scheduled for either case.

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