City of CS hosting forum on short-term rentals (VRBO, AirBnB)

8,058 Views | 64 Replies | Last: 4 yr ago by Kbeauty63
VAXMaster
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AG
Stupe said:

I think that if the city gets involved, it should be to make it a zoning issue for certain areas and not a city wide statute.


This! That's what zoning is for, regulating property use in each zone so neighboring properties can have some assurance and protection against adverse future use.

Some residential single family neighborhoods could be zoned for occasional STR only, some for unlimited, others none at all.
turfman80
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Always follow the money. Hotels do not like homeowners cutting into their business.
Yeah, well, sometimes nothing is a real cool hand
medic1969p
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I have a cleaning business. I clean 27 vacation rental properties. Many of them I have cleaned the nine years I've been in business. Rarely is there damage inside or outside the properties I clean. The majority of the guest are very respectful. It also helps to have a higher age requirement in order to book the property. Many people come with families and kids that would require them to rent multiple hotel rooms. By having a house with a kitchen, they're able to enjoy their weekend in College Station and keep their expenses down.
Stucco
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Gigem314 said:

Stucco said:

Gigem314 said:

I think they are clearly taking advantage of a loophole to make a cheap buck.

I wouldn't want to live next to a hotel, but at the same time I don't think this fits the definition of a loophole. This is in the same category as "don't buy a house that borders a big vacant lot if you don't want to live next to a Wal-Mart."
No offense, but that's a ridiculous comparison. How can someone know that about the house next door when they buy? It's not like buying next to an open lot.

When you pay more to live in a neighborhood with a real HOA, yeah you kind of expect people to live there who actually live there.

And in my case, the residents lived there when we moved in. Then they decided to move out and turn it into a hotel. So, again, it's not like buying next to a vacant lot by any stretch.

I most definitely think it's an example of a loophole.

A loophole requires a law to exist and be inadequate. What law was intended to prevent this?
Gigem314
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How is this in the same category as "buying a house next to a vacant lot"?
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techno-ag
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medic1969p said:

I have a cleaning business. I clean 27 vacation rental properties. Many of them I have cleaned the nine years I've been in business. Rarely is there damage inside or outside the properties I clean. The majority of the guest are very respectful. It also helps to have a higher age requirement in order to book the property. Many people come with families and kids that would require them to rent multiple hotel rooms. By having a house with a kitchen, they're able to enjoy their weekend in College Station and keep their expenses down.
This was pretty much our experience. We often had three families splitting the bill on game weekends. It worked out cheaper than hotel rooms, which were typically booked up anyway.

Plus there is a rating system for owners and renters that helps weed out the bad apples.
UmustBKidding
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Friend in bryan has B&B but also has large over garage room that has room for 20 twin beds (some bunks) and enough bathroom to accommodate. By far most popular, only way things like scout and church groups can afford to come to a game or event.
I'm for a light touch in these things, and COCS is all about fixing problems that do not exist or only exist in their donors eyes. The state needs to do like other states and keep the cities out of it. If you want to regulate it in your HOA fine, but think state should also put limits on them, like require 2/3 of resident owners to change HOA restrictions.

Stupe
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S
I'm confused by that post.

You want to cities to stay out of it, but you want the state to have a say in it?
one MEEN Ag
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UmustBKidding said:

Friend in bryan has B&B but also has large over garage room that has room for 20 twin beds (some bunks) and enough bathroom to accommodate. By far most popular, only way things like scout and church groups can afford to come to a game or event.
I'm for a light touch in these things, and COCS is all about fixing problems that do not exist or only exist in their donors eyes. The state needs to do like other states and keep the cities out of it. If you want to regulate it in your HOA fine, but think state should also put limits on them, like require 2/3 of resident owners to change HOA restrictions.


Thats actually a pretty cool airbnb strategy.
Drilltime
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Air BnB's are illegal in College Station in residential neighborhoods (General Suburban zoning). Full stop. A traditional B&B with a resident owner is allowed in General Suburban, but not this type of rental.

Texas does not recognize an investor has any property rights other than those allowed by the zoning they bought In fact the law specifically denies you any rights not specified.

We are not considering changes in the law to prohibit AirBnb in residential neighborhoods. The change would be to allow it. This is not a grab by residents who want to take away a right. There is not right. Tell me why we should allow one. Because it's good for the children and families who live on the street?
cslifer
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"Think of the children"...come on man, implying someone renting out rooms/house is bad for the kids in the neighborhood is ridiculous. How does that have a negative effect on the kids of a neighborhood? Can you show any documented local cases were it did?
expresswrittenconsent
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cslifer said:

"Think of the children"...come on man, implying someone renting out rooms/house is bad for the kids in the neighborhood is ridiculous. How does that have a negative effect on the kids of a neighborhood? Can you show any documented local cases were it did?

Same playbook 314 was using.
Nosh
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The city is invested because the hotel tax is designated to go to the Kyle field project over the next x number of years. Are taxes generated from VRBO/Airbnb going to this project?
duffelpud
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AG
This meeting is the window dressing for a money grab, pure and simple.
"What's this button do?"
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tb9665
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Has anyone ever thought that a homeowner with multiple bedrooms could rent out each bedroom by themselves and have multiple unrelated people on a given night and still be a rental? Check out how the AirBNB is listed.
Oogway
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AirBnB and multiple rooms? Where opportunity meets desire....

It's just a piddly squattin' old time country place

Ain't nothing too high tone
Just lots of good will and maybe one small thrill
But there's nothing dirty going on
Nothing dirty going on
We get simple farmers, local business men
Congress folks from Austin, young boys looking for sin



Meeting is tonight at 6:30 if anyone is interested in attending.

woodiewood1
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We have city ordinances on lawn heights, noise level after certain hours, trashcans on streets, items in yards, in carports, vehicles up on blocks, etc, etc, etc. Also, HOAs have a long number of restrictions for homeowners to abide by.

I would like to know out of the hundreds of homes that are are rented by the day or week fifty two weeks a year in our community how many instances of serious issues have occurred that could not be resolved within the restrictions already in-force?

Just the presence of a different person staying in a house every weekend or short term should not an issue nor should be restricted to me.
turfman80
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Prediction: Airbnb/VRBO rentals will be allowed by the city !!! ( but they will have to get a permit and remit hotel taxes)
Yeah, well, sometimes nothing is a real cool hand
Stupe
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And I have no problem with that.
Koko Chingo
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I also believe this.

The big issue is there are a bunch of Airbnb and VRBO listings available every day in the city limits and are currently illegal. Sometimes, you can even find listings for properties in HOA's that restrict them.

I believe city had to do something about this, it should have been much sooner. The city does not want hundreds of residents (whom are also home owners / tax payers) to be penalized/fined when they can simply change a policy and obtain additional tax revenue.

I would be curious to know how many people have actually complained to the city about illegal short term rentals. It seems like you cannot leave your trash can out for 5 minutes past the deadline before someone snaps a picture and reports it to the see cick fix website.

My dealings with the city have been way more positive than negative. One thing I can say is they always listen even when things do not go the way you want it. If you are truly unhappy, make sure you attend all the meetings and "respectfully" state your point. If you missed a meeting, get a hold of the person in charge of this issue and schedule a time to meet face to face or talk on the phone. Even if it is not what you want to hear, you will get a feel for how things are going to go. And more importantly some reasoning why.

In just about every meeting I have gone to about neighborhood issues, someone will usually say something like, "If you do not like it, then move." That usually does not go over well. Moving is not an easy thing and it does not address something the city has any power to do anything about. Airbnb has only been in existence for about 10 years. It is still new to many areas. This did not exist on the same scale as it did years ago.

Things could change later on. I do believe they will be allowed city wide, leaving it up to HOA's to have their own restrictions and enforcement avenues. I do not believe there are enough documented complaints involving short term rentals to make a difference. You hear more bologna about Uber (and other ride share drivers) than you do about short term rentals. If an STR is going to make the news it's usually a pervert homeowner hiding a camera.
techno-ag
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Some of the listings for CS are actually in Bryan, I think.

Also I think if they're in a condo it's legal.
WTM
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This has already been partly litigated. It will come as a great shock to many on this thread, but the Texas Supreme Court overruled the ability of HOA's to restrict this activity in 2018 siding with property owners rights. At best the city of CS will be able to come up with a permit / fee but further regulations will not stand up to judicial scrutiny.

Texas Supreme Court Ruling
AC Hopper
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^
^
No.

The Texas Supreme Court opinion in Tarr v. Timberwood Park Owners Association, Inc. -- No. 16-1005 -- requires an hoa's restrictive covenants to specifically prohibit short term rentals or unambiguously prohibit rentals to any entity other than a single family.

The factual circumstances in the case involved the hoa's single family deed restriction but the court ruled that the language therein was ambiguous and not sufficient to prohibit STR's.

The opinion overruled the appellate court and trial court findings for the hoa and sent the case back to the trial court for proceedings consistent with the findings.

The opinion does not overrule an hoa's right to prohibit STR's. Rather, if an hoa wants to bar STR's, the restrictive covenant(s) must specifically and unambiguously state that.

hth
Drilltime
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The guiding principle in setting up the rules for any zoning is to protect the people who invest there from uses that are "incompatible" with the purpose the zoning was created for. That is literally the wording of the law.

The question for the city is whether the STOs are compatible. If not, maybe we can limit or regulate it so that it is. If you can't do that, it should not be allowed it.

A few weeks ago we had 15 drunk people staying in the house next door for a sorority reunion on a game day. They then invited more current students over to party. It went to 3 am. What do you expect to happen in the STR market in a city with 70,000 students? The worst group were actually 40 somethings doing karaoke on the back porch at 2 am. It was just bad music.

About 40% of the city has no deed restrictions or HOA, and it's the part under attack. The city needs to simply keep the promise it made to protect from inconpatible uses. All of us.

texasaggie04
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turfman80 said:

Prediction: Airbnb/VRBO rentals will be allowed by the city !!! ( but they will have to get a permit and remit hotel taxes)


As somebody who rents their house out for airbnb in Bryan, I'm all for this plan. Just send the customers my way.
one MEEN Ag
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Drilltime said:

The guiding principle in setting up the rules for any zoning is to protect the people who invest there from uses that are "incompatible" with the purpose the zoning was created for. That is literally the wording of the law.

The question for the city is whether the STOs are compatible. If not, maybe we can limit or regulate it so that it is. If you can't do that, it should not be allowed it.

A few weeks ago we had 15 drunk people staying in the house next door for a sorority reunion on a game day. They then invited more current students over to party. It went to 3 am. What do you expect to happen in the STR market in a city with 70,000 students? The worst group were actually 40 somethings doing karaoke on the back porch at 2 am. It was just bad music.

About 40% of the city has no deed restrictions or HOA, and it's the part under attack. The city needs to simply keep the promise it made to protect from inconpatible uses. All of us.


Why not call CSPD for a noise violation? Thats how neighbors have been breaking up loud parties for decades. Do it enough times and the host will start saying in their description a quiet hours, or the comments will say as much. I've stayed in plenty of AirBnB's that have threatened huge fines against us for being loud late at night.



AggieBarstool
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BCS-Ag said:

I feel like this should be HOA managed, not City Ordinance enforced. If your HOA doesn't enforce it, move. Heck you'll probably be able to take advantage of the increased property values from all those high rents
You nicely summarized the crux of my argument.

This isn't something that needs to be governed top-down via ordinance.
RGRAg1/75
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Drilltime said:

About 40% of the city has no deed restrictions or HOA, and it's the part under attack. The city needs to simply keep the promise it made to protect from inconpatible uses. All of us.

The city is at fault for the wide proliferation of STRs in CS, imo.

Specifically, their haphazard zoning converted my old neighborhood from single family homes to multi-family to finish out the development. So we moved out and started renting long term (mostly students). Then they approved, on a very large scale, apartment projects. Still ongoing. So our LTR has been pressured out of that market and is currently thriving on the STR market. Our once quiet neighborhood that was 90% families, is now almost 100% college students and STRs.

The city has made no promises to protect anyone, that I'm aware of. And if you're relying on them to get "incompatible uses" right, good luck.
Kbeauty63
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Not if it's in the bylaws of the condo 'no short term rental' as it is in my complex's bylaws. We had an owner doing VRBO - she was fined.
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