PINELLAS COUNTY, Fla. — A narrow decision by Indian Rocks Beach city commissioners likely sets up an expensive legal fight over short-term vacation rentals, vacation homes available for rent on sites like AirBNB and VRBO.
The city is currently being sued by the owners of many short-term rentals in seven separate federal lawsuits.
Homeowners in the coastal community have long argued that some of the rentals are disruptive party houses that have destroyed their community’s tranquility.
“Traffic, trash, crowds, noise,” said Dave Watt, one homeowner.
“And I could give you a litany of all the problems that I’ve had in my place — and I’ve owned since 1957 — including a guy that my neighbor witnessed urinating in my yard at 1 o’clock last Sunday afternoon,” added another, Marti Krajnik.
Many of those problems were addressed last year when Indian Rocks Beach passed an ordinance that lays out extensive rules for vacation rental owners and the people who rent them.
However, the ordinance sparked a backlash from rental owners like Matthew Barrowclough.
“I’ve been here, now, for three years. I’ve had zero violations,” he said. “This hyperbole that is being pushed out by certain members of this community is devastating.”
Barrowclough is one of the many plaintiffs now suing the city over its rules for vacation rentals, which he believes are unconstitutional.
“You have good working families in Tampa or around the world who want to just come and escape from their hard life,” he said. They want to go enjoy the beach, and then you have all these other people that say, ‘No! This is ours! I got here 20 years ago!’”
In January, plaintiffs like Barrowclough and Indian Rocks Beach city staff entered mediation and hashed out a compromise to remove some of the rules. If commissioners agreed to the changes, the seven lawsuits would be dropped.
One change would allow vacation rentals to have a higher occupancy rate than currently allowed in situations when a home has the required number of “habitable living spaces.”
Another change would allow the city to no longer suspend or revoke a vacation rental license after multiple violations.
During a Tuesday afternoon meeting, dozens of homeowners compelled the city to reject the compromise they felt was too one-sided for the vacation rental owners.
“It can’t be overstated that these changes are major. They’re major changes,” John Pfanstiehl, a homeowner, told commissioners. “You can’t cave on this.”
In an informal 3-to-2 vote, most commissioners agreed and rejected the compromise.
Now, the city is set for a legal battle to defend its rules. According to City Attorney Randy Mora, Indian Rocks Beach is not guaranteed to win this battle, which could cut into the city’s budget.
“If there’s anything that we need to spend money on, it’s this: defending the safety and peace in our neighborhoods for our residents,” Pfanstiehl countered.
Homeowners like Pfanstiehl are ready for the fight and confident the city’s ordinance is legally sound.
However, vacation rental owners like Barrowclough are also ready for the fight.
“Without a doubt,” he said. “Without a doubt.”
Mora, the city attorney, said the next step for the city will be to inform the plaintiffs and the judge of its decision to continue defending its vacation rental rules.
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