“Vacation rental loses key ruling” plus 2 more

Vacation rental loses key ruling
No Pool for You! New Law Requires Condo Owners to Pay Up
Evening Links: Duke Semans Sales Price; Damon Dash Foreclosure; SL Green Shares

Posted: 27 Jul 2010 12:34 AM PDT

Vacation rental loses key ruling

By Kevin Courtney
FOR THE STAR

Tuesday, July 27, 2010

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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Five Filters featured article: "Peace Envoy" Blair Gets an Easy Ride in the Independent. Available tools: PDF Newspaper, Full Text RSS, Term Extraction.

No Pool for You! New Law Requires Condo Owners to Pay Up

Posted: 27 Jul 2010 02:28 PM PDT

By WILLARD SHEPARD

Updated 5:15 PM EDT, Tue, Jul 27, 2010

"The view is spectacular and its right on the water," Pelin Munis says.

Pelin loves her downtown Miami condo. It's dog friendly, too. But like most buildings, lots of owners renting out their units were taking in the rent money but not paying the maintenance or association fees.

The fees provide the money needed to keep the building running.

"We've seen a downturn in people paying the maintnance fees," Pelin said, "and it's been a financial burden on the residents that do pay their fees."

A quarter of the owners here not paying, but now they will have to, as Florida's new condo law requires that they continue to pay assessments. No more skirting the monthly bill.

"This is great because it's going to help all of the condo buildings," Keller Williams realtor Melanie Heyer said.

The new law allows condo management to take the rent directly from the tenant if the fees aren't paid, even if they have a lease with the person who actually owns the unit.

If you're the lucky renter whose landlord hasn't been forking over the condo fee money, then the management company can stop you from using the pool, gym, valet parking, other amenities.

Heyer told us this is going to be good overall for the condo market because banks, knowing the maintnance will be done, will lend money to more people who want to buy.

First Published: Jul 27, 2010 4:04 PM EDT

Five Filters featured article: "Peace Envoy" Blair Gets an Easy Ride in the Independent. Available tools: PDF Newspaper, Full Text RSS, Term Extraction.

Evening Links: Duke Semans Sales Price; Damon Dash Foreclosure; SL Green Shares

Posted: 27 Jul 2010 02:40 PM PDT

Duke Semans mansion sales price: $44 M. (Curbed)

Damon Dash's foreclosure auction. (Curbed)

Iceland and 50 Gramercy Park North and a subpoena. (Post)

SL Green: almost a buck a share! (TRD)

We love us some Brownstoner House of the Day, and encourage you to love it, too. (`Stoner)

The future of Craigslist vacation rentals in NYC. (WSJ)

Norman Sturner misses 450 Lex. (CO)

Superman saves house from foreclosure. (Asylum via TRD)

NFL's new HQ (NYO)

Five Filters featured article: "Peace Envoy" Blair Gets an Easy Ride in the Independent. Available tools: PDF Newspaper, Full Text RSS, Term Extraction.

Vacation Rentals

Tuesday, July 27, 2010