Sunday, July 25, 2010

“Tips to ensure vacation rentals don't disappoint” plus 3 more

“Tips to ensure vacation rentals don't disappoint” plus 3 more

Tips to ensure vacation rentals don't disappoint

Posted: 25 Jul 2010 06:58 AM PDT

Here are a few tips from the Better Business Bureau, travel experts and seasoned renters to make sure you don't get burned when you rent a home for your vacation.

-Get a written agreement spelling out terms and conditions. Never wire money or write a personal check. Plastic is the way to go because your credit card company may offer some protection. If you can show that promised goods and services were not provided, you may be able to get a refund.

-Don't trust an owner who will only communicate via e-mail, and don't hesitate to pick up the phone to ask the owner/property manager detailed questions or even request more photos than those displayed in the online ad.

-Find out how you'll get back your security deposit, if there is one, and what it covers.

-Ask friends for recommendations. If you decide on a house or condo belonging to a stranger, ask for references from others who have stayed there.

-If a deal sounds too good to be true, it probably is. In most cases, you get what you pay for.

-Plug the property owner and address into a Web browser and see what comes up. You may discover complaints from previous renters. Make sure you're dealing with the real property owner. Scammers can steal information to create phony listings.

-Seasoned renters suggest negotiating with owners/managers on price if vacancy rates in the area are high. You can also inquire about perks to sweeten the deal, like free tickets or discounts to local activities.

-Be skeptical of glowing online reviews, especially if the reviewers are anonymous.

-Ask the owner/property manager to define nebulous terms like "oceanfront property" and "5-minute walk to the beach." Make sure you're clear on such things as how far the house is from the center of town.

-If the owner doesn't live in the area, find out if there's a local caretaker who can deal with problems like blown fuses or an overflowing toilet. Find out whom to contact in case of an emergency.

-If you have physical limitations, ask about handicap accommodations including elevator service. Everyone, with or without disabilities, is likely to want to know about noise levels, air conditioning and heating, and mattresses.

-If your group plans big communal meals, make sure there are enough pots, pans, utensils and table service. Inquire about essentials like coffee makers, cutting boards and good knives.

-Ask what the cleaning fees will be, and try to determine whether any fees have gone unmentioned. Pauline Frommer of Pauline Frommer travel guides notes that in some European countries you may have to pay extra for electricity or other utilities. Ask about phone service, Internet and Wi-Fi.

-If possible, visit the property before renting it.

-If a property doesn't live up to its billing, document problems with pictures or videos. Complain immediately to the owner or property manager. Keep receipts. Compile a meticulous record of all transactions and what went wrong. If you believe you've been a victim of fraud, you may be able to seek recourse in court. Check your state's consumer protection laws to see what you may be entitled to and whether there are deadlines for filing.

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Vacation rental loses key ruling

Posted: 25 Jul 2010 12:20 AM PDT

Saturday updateIn the wake of a judge's ruling against a Browns Valley vacation rental, a multi-generational family is wondering if it will lose the roof over their heads.

A month ago, Judge Francisca Tisher rejected a lawsuit by Rob and Debbie Dornaus who wanted to continue to host guests in their expansive 19th century farmhouse at 1133 Larkin Way.

The Napa City Council had acted within its authority when it voted in December to deny the Dornauses a vacation rental permit, the judge said.

When the vacation rental shuts down in the first week in August, the family will lose the income needed to make mortgage payments on the 1.3-acre property, which includes homes occupied by family members, Debbie Dornaus said.

"We're scrambling," she said. "We're looking at all our options to survive."

The Dornaus family has operated The Adriance House since 2007, with rental rates of $700 to $800 a night. Last year the business brought in $90,000, Debbie Dornaus said.

While guests stayed in the historic main house, three cottages on the property have been occupied by Rob and Debbie Dornaus, their adult son and two married daughters.

The family is looking at new ways of bringing in sufficient revenue to continue to own the property, Debbie Dornaus said. Operating a group home for adults or children who need care is one possibility, she said.

The Adriance House drew the wrath of neighbors who were upset that the city had allowed the Dornauses to begin accepting overnight guests without holding a public hearing.

When the city reformed its vacation rental process and held hearings last year, dozens of neighbors criticized the rental for noise, traffic and loss of privacy.

Neighbors said they felt besieged by vacation rentals, noting that a second one was operating a block away on Arden Way and a third was being proposed.

The Planning Commission voted to authorize The Adriance House, saying the property had a good record. The fact that family members lived on the property provided assurance that problems would be dealt with quickly, they said.

The City Council overruled the commission after a long public hearing in which 57 people spoke for and against the project. The council majority said the lifestyles of tourists were incompatible with neighborhood values.

"We don't hold any bitterness toward our neighbors even though a lot of untrue things were said," Debbie Dornaus said.

"I'd say in some ways we've been the sacrificial lamb. I guess somebody has to be one. Jesus was one," she said.

A Browns Valley neighborhood that was threatened with three vacation rentals will now have none. The council denied a permit for a rental on Arden Way, which is scheduled to shut down this fall. A second rental planned for Arden Way ended up not applying for a permit.

Staff reported earlier this month that 44 vacation rentals ended up receiving permits citywide. Most applications were approved without neighborhood protest. Most of the controversial operations did not even apply.

Because the 44 rentals have generated few complaints, the council voted this month to eliminate the job of a special code enforcement officer to oversee their operation.


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Puerto Vallarta vacation rentals

Posted: 25 Jul 2010 02:59 PM PDT

This week features an exciting mix of events, from a screening of Brazilian movie Favela Rising, to a party with percussionist, Steve Lewis!

Click to view our full Checklist this week

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Vacation rental bill advances

Posted: 25 Jul 2010 01:34 AM PDT

NAWILIWILI — The Kaua'i County Council Planning Committee, after several deferrals, on Wednesday approved a controversial bill that would allow vacation rental owners to apply for non-conforming use permits.

The full council is expected to consider the legislation for final decision-making next week.

"This bill is not about grandfathering TVRs. This bill is about allowing a process to apply (for a permit)," Planning Committee Chair Jay Furfaro said.

Bill 2364, introduced by Councilman Tim Bynum, has been attracting a lot of attention since it passed first reading in May. Each time it had been up for discussion, community members have crowded the Nawiliwili council chambers.

The proposed bill was fashioned after Bill 2204, which in 2008 grandfathered TVRs that had been operating outside Visitor Destination Areas (Po'ipu, Kapa'a, Princeville) and had been paying general excise and hotel room taxes.

That legislation also barred new TVRs outside VDAs. If the vacation rental started operating after March 7, 2008, the owner is not allowed to apply for a non-conforming use permit.

The 2008 bill also prohibited TVRs in ag lands, regardless of how long the owners had been operating the vacation rentals.

Bynum's new bill would give those TVRs left out in 2008 a chance to now apply for a non-conforming use permit. The owners would still have to show they had been in operation prior to March 7, 2008, and meet many of the original requirements and some additional ones.

The new bill says the Planning Department "may physically inspect" the TVR, whereas the original one made it a mandatory requirement. Many who oppose the bill feel the removal of the mandatory requirement weakens the bill.

But the new bill requires TVRs in ag lands to prove that bona fide agricultural operations existed prior to the cut-off date, unless the Planning Department finds that intensive agricultural activities were inhibited by a set of factors.

Opponents of the bill say it's illegal to have TVRs on ag land, even if they have been paying transient accommodation taxes.

Many, like former Councilman Mel Rapozo, have questioned why some bill supporters keep relying on an interpretation of an opinion made in 2000 by then-County Attorney Blaine Kobayashi, despite a 2008 opinion from Attorney General Mark Bennett interpreting operation of TVRs in ag lands as illegal.

"Apparently, nobody is concerned with the attorney general's opinion," Rapozo said.

Bill supporters say owners have been paying taxes for years, and it's only fair that they receive the same treatment as other TVRs operating outside VDAs.

The meeting drew many TVR owners and employees in person. In prior meetings, owners had sent real estate representatives and lawyers to testify on their behalf.

Major land owners, such as Michelle Hughes, and several owners of TVRs in small Condominium Property Regime lots testified on behalf of TVRs in ag lands, arguing compliance with the law and creation of jobs for the community.

High taxes and maintenance costs, they said, have driven them to supplement their agricultural income with TVR activities.

Attorney Lorna Nishimitsu, who represents several TVR owners, was silent throughout the meeting.

The possibility of lawsuits has not been brought up, but in 2007, when Bill 2204 was moving through meetings, attorney Jonathan Chun referenced several lawsuits that TVR owners had won, and that should have set precedence.

Bynum and Furfaro have said in the past they took an oath to protect the county, and it included avoiding lawsuits.

North Shore resident Barbara Robeson questioned the legality of some TVRs advertised as farm dwellings, some with as much as 12 rooms, charging thousands of dollars per night, despite that according to current county law, it is illegal to have a TVR on ag land.

Rapozo said violation of the Farm Dwelling Agreement could bring in a $5,000 fine and the requirement to remove the farm dwelling at the owner's expense.

Joan Conrow, a former Honolulu newspaper reporter, said if this was a perfect world and only legit TVRs got approved, she wouldn't have a problem with the bill.

"But that isn't the way the Planning Department works on Kaua'i," she said.

Until there are "big discrepancies" in inspection, enforcement and equal application of the law, Conrow said she has a "real problem" with opening a door to allow those who have "tremendous influence through their money and their political contributions" to make maneuvers with the Planning Commission and the department to get "questionable uses" allowed.

Conrow's testimony prompted Council Chair Kaipo Asing, an ex-officio member of the Planning Committee, to defend the department.

"I want to correct a statement that you made that may not be accurate," Asing told Conrow, explaining that the department has done numerous inspections in the last 10 years and that the process is not easy or simple.

"I want to give some credibility to the Planning Department," he said. "I've seen records of what they have done, and violations that have been issued."

Conrow thanked Asing for clarifying the issue.

At the end of the day, Committee Vice Chair Daryl Kaneshiro introduced an amendment requiring the connection of agricultural activity with the TVR.

Kaneshiro, along with Furfaro and Bynum, voted for the bill. Councilman Derek Kawakami, who comes from a traditional farming family on Kaua'i, voted against the bill. Councilwoman Lani Kawahara remained silent, and her vote counted toward the majority favoring the bill.

The bill will reach full council next Wednesday. Asing and Councilman Dickie Chang will be able to fully join the discussion and add their votes to the bill.

Asing has been a vocal opponent of the bill. Chang hasn't made his opinion public. During the bill's first reading in May, he said he would like to see discussion so he could make a decision he could "live with."

Go to www.kauai.gov for more information.

• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.

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