Short term rental rules no secret
To the editor:
It appears those voices that have always opposed the short-term rental (STR) ordinance are now trying to gain support by equating this regulation with a governmental taking. Legally, the use of the term “taking” for this type of ordinance is simply wrong. But, I have lived here long enough to know that legal definitions often don’t matter in casual conversation (i.e. I don’t care if it doesn’t meet the definition of blight, it’s still blight!).
Even if you use “taking” in a looser sense, do the facts really match up with this assertion for most properties? The Town passed its STR ordinance in 2003 defining those properties that can be rented on a weekly basis (including grandfathered properties) versus once a month. It’s logical that the only folks who could gripe are those in a monthly zone. But, even there, any person who purchased a property post-2003 has no argument that any type of taking has occurred. These purchases were made with full knowledge, whether actual or constructive, of a property’s rental status.
Also, if you believe in a free market economy, the price of any post-2003 sale took into account the factor of weekly versus monthly rental availability. So, not only did post-2003 purchasers know about the STR status of properties, they paid the market value associated with that status. If you want to argue that the Town should change its regulations so that you can make more rental income or you can make a windfall in a sale, fine. But, to claim with a straight face that post-2003 purchasers have suffered any kind of a taking is impossible.
I was lucky in having a competent and professional broker when looking at homes on FMB. She made sure I knew the STR status of each property/neighborhood I visited. Based on the Town’s regulations, I opted for a home in a residential neighborhood with very few weekly rentals. Now, there are certain folks who seem to be saying I was a sucker for believing the Town could ignore the money and associated loud voices asking to rescind the STR ordinance. The fact is, it is these people that want to take from me the neighborhood status I purposely selected.
Bill Robinson
Fort Myers Beach