OPA Board Votes For Short-Term Rental Regs; Community To Get Vote During Process

OCEAN PINES – Association leaders say more work will need to be done before a vote to adopt the county’s regulations on short-term rentals can be brought to the association’s residents.

On Wednesday, the Ocean Pines Association Board of Directors voted 6-1, with Director Tom Janasek opposed, to incorporate Worcester County’s code on short-term rentals, litter and noise into the Declarations of Restrictions (DRs) for all sections.

The motion that was approved this week also gives the association the ability to levy fines and suspend a member’s ability to engage in short-term rentals for up to 60 days for repeated violations, and to require rules on occupancy limits, noise, trash and parking restrictions to be posted in a conspicuous area of short-term rental properties.

Director Frank Daly told members at this week’s board meeting each section of the community will now be given the opportunity to vote for or against the adoption of such regulations into the association’s DRs.

“I’m not sitting here asking seven people to determine the fate of short-term rentals,” he said. “What I want is 8,452 lot owners, each one that could be affected by short-term rentals, have a voice in saying whether these rentals should be regulated. This is not a seven-person vote. This is a vote that will pass or fail by each section in this community when asked to all 8,452 lot owners.”

Director Colette Horn thanked Daly for his efforts in drafting the proposed short-term rental regulations, but pointed out it was just one step in a lengthy process. She said she planned on introducing a motion next month to apply the proposed short-term rental regulations to long-term rentals and non-rental properties.

“It’s been a long road to get here and I appreciate the work and intelligence that you applied to this,” she told Daly. “That said, one of the things we learned in this process is there are people in the community who would like the enforcement to apply across the board, not just short-term rentals but to long-term rentals and to properties not rented.”

Director Camilla Rogers said she supported Horn’s effort.

“I see this as we have built the template for where we want to go …,” she said. “I want this to be expanded to the entire community.”

In the board’s discussion on short-term rental regulations, Janasek said he took issue with the proposed enforcement process, which he described as being too vague. He argued the county should be enforcing its regulations, not the association.

“It’s too wide open for me …,” he said. “My opinion is it’s going to come down the road and they’re going to have to start enforcing it. I don’t think we need to start getting into enforcing these regulations.”

While he agreed with the concept, Director Doug Parks questioned the wording of the motion.

“The question is, when you use the term ‘short-term rentals’ does that mean – and I’m playing devil’s advocate here – that these three ordinances in the county code don’t have to be adhered to by long-term rentals and property owners?”

Parks also noted there was no clear process for short-term rental suspensions or fines. He argued it appeared the association was targeting short-term rentals.

“We have to define exactly what it is we’re going to do …,” he said. “I want to see something more concrete regarding what process will be followed. How’s the enforcement going to work, how’s the reporting going to work, how’s the follow-up going to work, and what’s it going to cost us?”

Daly said violations would be reported through a complaint-driven system. He added that the association could only discuss proposed fines and penalties once the association adopted regulations giving it the ability to fine. Horn agreed.

“The DRs don’t speak to process, they speak to rules,” she said. “So if the community tells us they want this, the community tells us they want something that applies across the board, the next step is to develop that process … I think there is a lot of work to do, but the first step is to take the first step.”

Parks told board members he would support the motion, so long as the board agreed to inform the community on the process for adopting and enforcing short-term rental regulations and to acknowledge more work needed to be done. Daly and President Larry Perrone agreed.

“To get from this to the next step, there’s a lot more work that needs to take place …,” Perrone said. “You’re right. We can’t ask the community to vote on something when they don’t know what they are voting on.”

With no further discussion, the board voted 6-1 in favor of short-term rental regulations.

About The Author: Bethany Hooper

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Bethany Hooper has been with The Dispatch since 2016. She currently covers various general stories. Hooper graduated from Stephen Decatur High School in 2012 and the University of Maryland in 2016, where she completed double majors in journalism and economics.