Re: ISMA floats an amendment on leasing in Indian Spring

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jnic...@aol.com

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Mar 12, 2020, 8:46:39 AM3/12/20
to ir...@verizon.net, dbrownst...@gmail.com, cann...@hotmail.com, art...@gmail.com, indian-spring-i...@googlegroups.com
Art,

I think I have missed some lines of communication. Why is the issue of short term leasing, specifically Air bnb daily, weekly monthly rentals resurfacing? As far as I am concerned, a large fine should have been added to the Amendment that was overwhelmingly passed.  This particular issue concerns me because I run two condominium associations in Newport , RI. I had to deal with an owner that was using their unit as an Air bnb. This violated multiple sections of the association by-laws. They ignored all lines of communication, requesting them to stop so, I had the association attorney sent a cease and desist letter or face the legal consequences. That worked. It all took about 3 weeks to stop it. 

Using a condo unit or a free standing house in IS as an air bnb or any fact similarly will compromise all sense of securely that this community works so hard to maintain, can be very disruptive and destructive without any immediate remedy plus this activity exposes the Association to a huge liability.

Let me know if there is any other activity on this issue.

Thanks,

John J Nicolace, owner

11521 Victoria Dr. 



-----Original Message-----
From: 'Irv Jacobs' via Indian Spring in Boynton Beach <indian-spring-i...@googlegroups.com>
To: 'David Brownstein' <dbrownst...@gmail.com>; 'george tamas' <cann...@hotmail.com>
Cc: 'Indian Spring in Boynton Beach' <indian-spring-i...@googlegroups.com>
Sent: Thu, Feb 13, 2020 5:00 pm
Subject: RE: ISMA floats an amendment on leasing in Indian Spring

It’s a done deal, folks.  The amendment was approved overwhelmingly by ISMA’s membership on 04/27/2017.
 
Irv Jacobs
 
From: indian-spring-i...@googlegroups.com [mailto:indian-spring-i...@googlegroups.com] On Behalf Of David Brownstein
Sent: Thursday, February 13, 2020 4:52 PM
To: george tamas <cann...@hotmail.com>
Cc: Indian Spring in Boynton Beach <indian-spring-i...@googlegroups.com>
Subject: Re: ISMA floats an amendment on leasing in Indian Spring
 
rules that you cannot enforce have no value except to rile people up. you do have rules about after-hour noise, disturbances, etc. in place and security can summons the offenders in real time and fines can be levied.
 
On Thu, Feb 13, 2020 at 4:35 PM george tamas <cann...@hotmail.com> wrote:
Mr Brownstein
If we accept your logic, then why have any rules and regulations, what do we do when they disturb, interrupt and destroy etc...I don't think your logic is viable.
George Tamas

From: indian-spring-i...@googlegroups.com <indian-spring-i...@googlegroups.com> on behalf of dbrownst...@gmail.com <dbrownst...@gmail.com>
Sent: Thursday, February 13, 2020 4:22:55 PM
To: Indian Spring in Boynton Beach <indian-spring-i...@googlegroups.com>
Subject: Re: ISMA floats an amendment on leasing in Indian Spring
 
realistically you will  never be able to stop airbnb or vrbo because they are typically micro-term (2 weeks or less) and do not use a lease as the contract between property owner and renter.  by the time an infraction is discovered, a complaint lodged and mailed to the unit owner, the even will be over and the unit owner back in compliance.  what do we care about those so long as the tenants do not disturb, interrupt, destroy, etc.?

On Wednesday, April 5, 2017 at 7:05:05 PM UTC-4, Arthur Hoffman wrote:
Indian Spring Master Association (ISMA) recently sent out a proposed amendment to the Declaration of Maintenance Covenants and Restrictions for Indian Spring that concerns leases.  Basically, it restricts leases in Indian Spring to those that are at least three months in duration but not more than twelve months 
There is no statement WHY this amendment is needed beyond a statement that it would prohibit “unwanted leasing within the community.”  Unwanted by whom?
 
I believe the purpose of this amendment is to prevent short term leases or rentals by those residents who rent their home or condo through AIRBNB (an online marketplace and hospitality service, enabling people to lease or rent short-term lodging including vacation rentalsapartment rentals, homestayshostel beds, or hotel rooms).  I see no reason to prohibit a resident of Indian Spring who wants to make a few bucks from renting his unit through AIRBNB.  Moreover, I believe ISMA is overreaching and usurping the authority of individual POAs to regulate leases in their community.   ISMA should defer to POAs on this.
 
Consequently, I shall vote NO to this amendment and I hope you will too. 
 
Arthur Hoffman
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Dave
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