Party Suites

[Keith]

I was wondering if someone may have run into a similar situation. Within a certain municipality whom is well known for resorts, golf courses etc. they are currently creating a new Zoning Bylaw. A client of mine owns a unit within a condominium complex in this municipality which they use as a weekend retreat/cottage. Within this complex people buy a unit and a rent them on a weeked basis. Young people will then get a group sometimes as large as 20 people and rent a unit for the weekend. This then causes difficulty as it is basically a very loud party from Thursday to Sunday. My client purchased their unit in order to get away from the hustle and bustle of city life and enjoy the peace and quiet and serenity of the area. Is anyone familiar with any type of Zoning Bylaw policies that regulate these "Party Suites"? I wondered if maybe Banff Alberta or British Columbia Canada has run into these problems with their resorts. Any comments would certainly be appreciated.

 

[Chet]

So this is a time share?

 

[Tranplanner]

Not being a lawyer, or even a zoning by-law guy (wouldn't that make a nice job title), I'd have to say I'm not sure that a municipal by-law could be created that would stop this type of activity from occuring.

There was an article in the Toronto Star this past Saturday (in the Condo Living Section) which talked to a somewhat similar problem. No noisy parties in this case, but the condo association passed a by-law restricting the minimum length of a sub-let/rental to six months, basically to stop a private company which had bought a number of suites and was renting them for short-stay visitors (corporate execs., etc.).

My only advice to your client would be maybe he/she should have done a little research and bought a unit in a quieter development.

 

[Cardinal]

We have had the same discussion in the context of student rentals. What is to prevent someone from buying a condo unit and then renting it out to students, who may be loud or disruptive, and have a negative impact on the owner occupants? There is little for the city itself to do about such situations. However, the covenants of the condominium association may contain provisions which would prohibit rental of units, or set guidelines that make it difficult for these situations to arise. That is the only approach I can see for your situation. Can they amend the covenants to prevent this use?

 

[Chet]

We do have an anti-time share clasue in our zoning ordinance, but it would seems to preclude the complainers too!

"No lot in this District shall by deed, covenant, easement, or other device or agreement, herefter provide for the permitted use or accession or incedental uses thereto, or for right of access, by other than the owner or legally resident occupant of the premesis and invited guests, except in the case of a public park or way, public utility easement, patrons of a permitted commercial use, or of a permitted organizational use."

 

[giff57]

Most nuisance codes prohibit anything that interferes with ones enjoyment of their property. In grad school in Iowa City, there was some law that if there was a loud party the occupant was charged with "Keeping a disorderly house". Of course that sort of becam a badge of honor. Your party wasn't much of a party if your name wasn't in Mondays paper.

 

[Lenze]

Keith, I believe Canmore, Alberta has dealt with this very concern. Contact Robert Ellis - Planning Department at (403)678-1515 or by e-mail at rellis@gov.canmore.ab.ca.

 

[Dan]

I was wondering if someone may have run into a similar situation.

This is a common situation in the Hamptons (see http://www.shakeoffthecity.com/rentals.html , http://hamptons.jeffmillers.com/ , http://hamptonz.org/hamptonz.htm , http://www.hamptonsummer.com/ ) There's some articles that you can buy (ugh!) at the New York Times.

http://query.nytimes.com/search/abstract?res=FB0613FD3C580C758DDDAF0894DA404482

http://query.nytimes.com/search/abstract?res=F50812FA3D5E0C728FDDAC0894DA404482