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  • July 08, 2024 8:33 PM | Mark Shay (Administrator)

    Landmark Case Supporting STR Owners Rights in the Poconos


    There has been a significant win in Commonwealth Court in a case called Ruffled Grouse Ridge Owners Association versus Charles Hura.  The HOA contended that the owner was renting his home for commercial purposes in violation of the community covenants.  The court supported a common pleas court decision that essentially stated renting is renting, no difference between STR and LTR, their covenants do not restrict LTR.  The court also stated STR renting is consistent with residential use of homes (that seems big) and the court stated that using the Slice of Life doesn't apply because it was very specific to that township's zoning regulations.

    Poconos VRO urges any owner in an Owners Association to know your rights, to read and become familiar with your community's covenants, articles or incorporation or similar founding documents.  You have rights and that original document will spell them out, just like the American Constitution and our state's constitution.

    Click here to view the court's decision


  • June 27, 2024 1:41 PM | Ricky Cortez (Administrator)

    Free Host Event for a Successful Travel Season

    Poconos Vacation Rental Owners Association and Pocono Mountains Visitors Bureau Partner with Rent Responsibly on the Seasonal Readiness Campaign for Five-Star Short-Term Rental Stays for Hosts, Visitors, and Communities Alike

    The Poconos Association of Vacation Rental Owners Association (Poconos VRO) and Pocono Mountains Visitors Bureau (PMVB), together with Rent Responsibly, launched Poconos Hosting Essentials, an initiative providing short-term vacation rental hosts in the Poconos region with a resource center and free host event. The collaborative campaign empowers a five-star experience for both guests and local communities throughout the area’s popular summer season.

    “We are thrilled to partner on the Poconos Hosting Essentials initiative, which underscores the significant economic impact of short-term rentals in our region,” said Ricky Cortez, Executive Director of Poconos VRO. “STRs drive nearly four times more revenue back to our local economy compared to hotels and save Poconos taxpayers $1,500 annually. Moreover, tourism, largely supported by STRs, underpins nearly one-third of all jobs in the Poconos. Our collaboration fosters productive dialogues with townships, HOAs, and boards, championing best practices and fair regulations.”

    The event also offers guidance to hosts on how to boost bookings amidst shifting travel patterns as well as new economic impact data.

    “The Pocono Mountains is a preferred destination for 30 million people every year, and they keep coming back because of the level of hospitality we provide,” said Chris Barrett, President/CEO of the PMVB. “This partnership with Poconos VRO and Rent Responsibly will serve to enhance those experiences through informative sessions for hosts throughout our four-county region.”

    The live webinar for Poconos short-term rental hosts will be on June 27 at 5:30 pm ET. Attendees can register for free here.

    “Over the years, we’ve learned that proactive, free, and accessible-from-anywhere education, like the Poconos Hosting Essentials initiative, leads to better guest experiences, better neighbor and community relations, and ultimately, a better understanding of exactly what it means to be a responsible renter,” said David Krauss, cofounder and CEO of Rent Responsibly. “As providers of the most popular accommodation option for families and groups visiting the Poconos, hosts play an important role in the Poconos’ dynamic tourism economy. We are thrilled to collaborate with Poconos VRO and PMVB on this initiative.”

    Visitors to the resource center can access dozens of guides on local regulatory requirements, hospitality best practices, ways to reach new traveler segments, and strategies for avoiding potential guest or property issues.

    ###

    MEDIA CONTACTS: 

    Ricky Cortez
    Poconos VRO
    info@poconosvro.org

    Brian Bossuyt
    Pocono Mountains Visitors Bureau
    bbossuyt@poconos.org

    David Krauss
    Rent Responsibly
    david@rentresponsibly.org


    Download PDF


    About Poconos Vacation Rental Owners Association

    The Poconos VRO is the voice for the vacation home and short-term rental industry in the Poconos. We value a thriving vacation home rental industry in the Poconos that strengthens the regional economy and maintains the character of vacation home communities and nearby neighborhoods. Poconos VRO Members are committed to operating quality STRs. We believe in being good neighbors. We believe in providing homes that are managed, maintained, and appropriately used in a manner that adds to the value and vitality of our beautiful Pocono Mountains and continues to be a major draw for visitors and the tourism industry. Learn more at PoconosVRO.wildapricot.org
     

    About Pocono Mountains Visitors Bureau

    The Pocono Mountains Visitors Bureau (PMVB) is a private, non-profit, membership organization established in 1934. We are the official destination marketing organization for the four counties of Carbon, Monroe, Pike, and Wayne in northeastern Pennsylvania. The purpose of the PMVB is to promote tourism and the comprehensive marketing of our region, communities, and members to enhance their economic and environmental well-being. Learn more at PoconoMountains.com.
     

    About Rent Responsibly

    Founded in 2019, Rent Responsibly is the community-building and education platform for short-term rental owners, hosts, and managers. Rent Responsibly’s mission is to empower short-term rental communities to collaborate and further responsible renting for the benefit of people, places, and planet. Learn more at RentResponsibly.org.

  • June 18, 2024 2:40 PM | Mark Shay (Administrator)
  • June 12, 2024 2:32 PM | Mark Shay (Administrator)

    Wayne County  - An STR Win against HOA ban of short term rentals

    Poconos VRO Forum on this topic: https://poconosvro.wildapricot.org/Members-Forum/13369411

    Re: Ruffed Grouse Ridge Owners’ Association vs Charles Hura

    - The association passed a By-Law restriction that now prohibits a member to rent their home for less than 30 days.  

    Opinion filed by HONORABLE ELLEN CEISLER, Judge on May 31, 2024:

    After reviewing the law governing the interpretation of restrictive covenants, the Trial Court determined:

    [T]he language of the restrictive covenant is as follows: “The above- described premises shall not be subdivided, and any building to be erected thereon, shall not at any time be used for commercial purposes, but the use of the same shall be limited strictly to private residential purposes only.” When considering the language in accordance with the aforementioned [legal] standards, the [Trial] Court finds that: the residential use of [Mr. Hura’s] property is not restricted to owner- occupied residential use; the rental of the property is not prohibited; and no distinction is made between short-term and long-term rentals. The [Trial] Court finds that the plain language of the restrictive covenant is unambiguous in these respects.

    Based upon the facts presented, [Mr. Hura’s Property is being used for residential purposes. The [Trial] Court rejects [the Association’s] argument that it should instead focus on [Mr. Hura’s] business uses. The inhabitants of the Property, whether it be [Mr. Hura], [his] family and friends, or renters, are using the Property in its entirety to sleep, eat, bathe and generally reside for a short-term period.

    Lastly, the Trial Court concluded that the Association’s 2021 By-Law amendment was void ab initio, finding that the Association “did not have the authority, pursuant to the Nonprofit . . . Law . . . , to amend its [B]y[-L]aws and alter property owners’ rights without all of their consents” and that the “amendment implemented specific use restrictions beyond the terms of the restrictive covenant.” Id. at 7-8.

    Finally, we conclude that the Association’s reliance on dicta in Slice of Life, LLC v. Hamilton Township Zoning Hearing Board, 207 A.3d 886 (Pa. 2019), to support its position is misplaced. In Slice of Life, our Supreme Court held that the operation of “a transient lodging business,” such as an AirBnB, was impermissible in a residential zoning district. The Court’s decision, however, was based on its interpretation of specific terms and phrases in the applicable zoning ordinance, including “family” and “single housekeeping unit,” none of which are at issue here. For this reason, we conclude that Slice of Life is inapposite.7

    Applying the ordinary meaning of the language of the restrictive covenant at issue in this case, we conclude that Mr. Hura’s rental of the Property to private individuals who use the Property exclusively for residential purposes is not a “plain disregard” of the covenant’s terms.8 Accordingly, we affirm the Trial Court’s Order.


    Read the full Opinion here: 

    https://law.justia.com/cases/pennsylvania/commonwealth-court/2024/968-c-d-2023.html


  • June 11, 2024 7:00 PM | Ricky Cortez (Administrator)

     Pocono Mountain Regional Police Community Meeting
     Tuesday, June 11, 2024, at 7 PM

    From our Board Member Marty Nicoll

    Continue the conversation in our Member's Forum for updates and schedule: https://poconosvro.wildapricot.org/Members-Forum/13369241

    Coverage Townships:

    • Barrett
    • Coolbaugh
    • Mount Pocono
    • Tobyhanna
    • Tunkhannock

    Attendees:
    Police Chief, Police Administration, and a Supervisor from every township.

    During the meeting, the topic of Short-Term Rentals (STR) was discussed, with many supervisors inquiring about the volume of STR complaints. The Police Chief mentioned that there are very few complaints, as sometimes neighbors report issues to the Police but not to the Community, or vice versa.

    Key Points from the Meeting:

    1. Working with Police on STR Issues:

      • If the problem is an ordinance or law violation, STR owners or property managers should be present to meet the police at the property.
      • The Police will not respond without a responsible person present.
      • Police will knock on the door and work with guests to ensure compliance or, if necessary, evict them based on the incident severity and renter’s response.
    2. Three Strikes Rule:

      • This is a township issue requiring three convictions in court. STR owners should consult their township for details.

    Pennsylvania Innkeepers Rights Act of 1996:

    • This act protects innkeepers by allowing them to refuse accommodations for reasons such as public health and safety, inability to pay, disorderly behavior, unlawful purposes, and dangerous property.
    • STR owners should learn how to utilize this act with problem renters.

    Upcoming Training:

    • Chief of Police Christopher Wagner has agreed to a Zoom training event for STR owners to better understand managing problem renters and working with the police force.
    • A schedule for this training will be provided soon.

    Stay tuned for further updates and training schedules to enhance your understanding and management of STR properties.

    PMRP Meeting Notes and updates: https://pmrpd.com/meeting-information

     
  • June 03, 2024 2:05 PM | Ricky Cortez (Administrator)


    Airbnb’s Secret Weapon to Fight State Laws: Its Hosts

    The rising political clout of host groups comes at a crucial time for the U.S. short-term rental industry

    Poconos VRO got a mention in the Wall Street Journal! Now let's continue to work and advocate for fair, reasonable, and enforceable regulations!!!

    Article: READ & SHARE

    In Pennsylvania, the Poconos Association of Vacation Rental Owners has biweekly calls with members of the two companies’ policy teams who help draft letters to homeowners associations and community boards, said the group’s executive director Ricky Cortez.

    “The professionalization of host advocacy efforts is really leading to a turning of the tides in a lot of communities,” said Noah Stewart, head of U.S. advocacy at Expedia Group.

    By Konrad Putzier and Allison PohlePhoto: JUSTIN LANE/ZUMA PRESS

    ===

    We would like to extend our thanks to the WSJ for this insightful article. We appreciate the opportunity to discuss the significant role that short-term rentals (STRs) play in various communities. However, we feel it is important to clarify a few statements regarding financial support and the housing market.

    The Poconos VRO is funded by our dedicated members, our partners, and a volunteer board. Our work in advocacy and community support would not be possible without their contributions. As we expand our advocacy reach, we need the continued support of our members more than ever.

    While Poconos VRO is not directly funded by Rent Responsibly, we greatly appreciate their support in providing guidance, education, and community-building resources. Their innovative ideas and balanced approach in working with decision-makers have been invaluable to our efforts.

    There is a distinct difference between STRs in highly residential areas versus those in predominantly vacation-oriented, tourist markets. The Poconos, much like the Jersey Shore, the Outer Banks, Hawaii, Vail, Colorado, and even the majority of NYC, is fundamentally a tourist market. Developed as vacation destinations, these areas continue to thrive as such. In these markets, STRs do not detract from the housing supply but are integral to the local economy and community fabric.

    Housing shortages and affordability crises are influenced by a range of other factors, such as rising interest rates, stringent building regulations, and the post-COVID surge in materials and labor costs. It is essential to consider why vacation destinations should remain true to their purpose and not be overrun with full-time residents. Where is the protection for those who purchased second homes to escape suburban sprawl and enjoy their investment as a retreat?

    We thank Mr. Putzier for bringing attention to the role of STRs and hope this adds a broader perspective to the ongoing conversation about housing markets and the diverse needs of different communities.

     ===

    https://www.wsj.com/real-estate/airbnb-expedia-hosts-local-law-1aeed43c?st=v8pn4vx7avnoi15&reflink=desktopwebshare_permalink&fbclid=IwZXh0bgNhZW0CMTAAAR34ELilQHOpJTHVhHLuOhpAMhC8UwndYuOihXgh2xQnGkhu-bYCBC6sMtE_aem_ARX30B_V4tfTqj_bSt-tLp4aXskw5tqQAzxOHfvzhrt-NNpS4U7OOVp6q8HZs1CzpvspsIntEZuJcdAYHalWaiAZ


  • March 19, 2024 12:51 PM | Ricky Cortez (Administrator)


    STR conference connects owners, experts

    https://www.tnonline.com/20240316/str-conference-connects-owners-experts/

    Published March 16. 2024 08:48AM

    BY CHRIS GRAPE-GARVEY TNEDITOR@TNONLINE.COM

    2024 - STR conference connects owners - experts _ Times News Online.pdf

  • July 07, 2023 8:04 PM | Mark Shay (Administrator)

    Short-term vacation rentals matter in the Poconos.  For as long as there have been vacation homes in the Poconos, there have been vacation rentals. Now referred to as short-term rentals, these properties are a key component in our local economy and without them, and the tourism industry it feeds, our region will suffer.

    As professionals who specializes in helping people find and operate vacation rental properties, we see firsthand the benefits and positive impact that comes from short term rentals (STR).

    Many of the investors that we see are most often successful, young individuals, not big corporations and these individuals have tied a good portion of their life savings into these investments. They invest in rehabbing their properties, they encourage their communities to upgrade facilities, and they promote the region as a destination to bring in rentals.  Successful operators reinvest in the community by hiring local cleaners, property managers and service providers and bring a host of entrepreneurial activity and optimism to the region.

    We now call all vacation homes that rent short-term rentals, using the acronym of STR. According to the PA Supreme Court, running a STR is running a business and townships can license the practice and use zoning to restrict where STRs are permitted.

    Most Pocono municipalities now have Short-term Rental Ordinances. Responsible owners don’t want party houses, they don’t want rowdy guests and don’t want their investment damaged by bad guests; good guests are good for business.

    Responsible owners accept that licensing and regulation are needed to maintain the good reputation of vacation rentals in the Poconos. Regulation helps set standard operating procedures and levels the playing field. Licensing can keep out bad operators and assure the quality of the rentals for future guests. We all have examples of a rental that has gone wrong and responsible owners and responsible community managers are constantly looking for ways to be effective and be good neighbors and good members of the local community.

    The draw of bringing families and friends together in a modestly priced home setting is one of the area’s biggest tourist attractions. For families who are hard pressed to afford a vacation that requires airfares, the Poconos presents a vacation environment on a budget. Contrary to what was stated in the previous article, we see a lot of similarity between today’s vacation homeowners and those of a generation ago.

    STR is literally a cottage industry with individual owners renting their cottages, they just do it a little differently, using websites like Airbnb and VRBO rather than using vacation home brokers or visits to the local real estate agency.

    Our area has resorts, hotels, and inns, but they do not provide nearly enough capacity to support the local tourist industry. The region has by some estimates nearly 20,000 vacation homes and 7,500 licensed STRs. Rental income might be near $60 million making the Poconos one of the best vacation rental markets in the country.

    The private communities that provide amenities like lakes, pools, and recreation facilities, make the Poconos an ideal place to for getaways, gatherings, and family reunions. The image of coming together around a big indoor fireplace or outdoor fire pit and seeing old friends is the perfect remedy to the daily grind and key to our successful vacation rental industry.

    Many of the homes in the region were built as vacation homes. Contrary to the claims, the supply of vacation homes is steadily declining as more and more full-time residents move to the region and these new residents push to restrict vacation rentals.

    Regulations that were intended to foster responsible operation are increasingly being used to drive out the vacation rental operators and turn our iconic mountain communities into residential communities making long term rentals an only option for investors. The previous article neglects to state that there is little or no regulation of the long-term rental properties or tenants.

    As vacation rental owners, we recognize that the Pocono region has grown, and our economy has diversified over the years. We agree that STR is not a Panacea and that there is more to the Poconos than tourism, but at the same time it is important to remember that tourism is the biggest factor in our local economy and the catalyst for so much of the region’s success.

    If each of these 7,500 STRs brings just 100 guests each, then you can see how we can say that vacation rentals are vital to our region.

    Mark Shay is a realtor with Keller-Williams and is editor of PoconoVacationHomeSales.com, a website for those interested in Short-term Rentals.

    Marty Nicoll owns Ideal Property Management, specializing on 5-Star vacation rental operations.

    This first appeared in the Pocono Record Newspaper on February 9, 2023 with the title “Why short term vacation rentals matter in the Poconos | Our Turn”

    https://www.poconorecord.com/story/opinion/columns/guest/2023/02/09/opinion-the-poconos-economy-depends-on-short-term-vacation-rentals/69881161007/

  • July 06, 2023 3:30 PM | Mark Shay (Administrator)

    Marty Nicoll and Mark Shay of Poconos Association Of Vacation Rental Owners (VRO) met with State Senator Rosemary Brown and discussed our association's goal of responsible regulation. Senator Brown was very supportive of our group and, like us, wants responsible owners and community associations to find common ground that brings the benefits of STR to all in the Poconos.


  • July 06, 2023 8:00 AM | Mark Shay (Administrator)

    The Poconos Association of Vacation Rental Owners (Poconos VRO) is pleased to announce that Ricky Cortez has joined the organization as Interim Executive Director. Ricky is the Poconos area alliance representative for Rent Responsibly and he will remain in that role. He has attended meetings and participated for the past two years with the Tobyhanna and Coolbaugh Township Short-Term Rental ordinance discussions. As an owner who vacations often with his family, rents to vacationers, and plans to retire here, he is extremely dedicated to sensible regulations while mitigating issues and bridging the gap between residents, vacationers, and owners who rent to them.

    Ricky stated, “It is an honor to serve our community as Interim Executive Director for PoconosVRO. Listening and participating in our community has always been an important factor in keeping that symbiotic relationship between those that live here full-time, part-time, and those that come to vacation here. The ethos of our community is the driving force to what draws us all here, it is reflected in our values, and our members are committed to being good neighbors.”

    With PoconosVRO, Ricky will be tasked with moving the organization past its start-up phase and into a smoothly functioning not-for-profit trade association. He will oversee member services, member development and help in new member recruitment as well as helping the organization reach its full potential. The mission of PoconosVRO is to represent and advance the interests of vacation rental owners in the Poconos and advocate for practical short-term rental regulation; while providing members with the educational, networking, and resources they need to run responsible and profitable businesses. Ricky will support the volunteers who have established the organization and help guide their efforts to become the voice of the vacation home and short-term rental owners in the Poconos.

    Ricky has a very impressive background and we are delighted to bring him into the organization. He has worked with advocacy groups for much of his career and his technical expertise and experience with IT is a real bonus to our group.  Due to our fragile budget, he will begin working approximately 8-10 hours per week.  As more members join the organization and we get more corporate support, we will be in a position to engage Ricky further with more hours.

    The Interim Executive Director is a staff member position.  Ricky will report to the Board of Directors (Mark, Marty, Shawn, Ellen, and Joann) and is tasked with a set of near term goals that should go a long way toward establishing our organization as the voice of the STR Industry in the Poconos.

    This Monday evening (July 10 at 7 PM), Ricky will be presenting an educational session tied to his role with Rent Responsibly.  We hope you will join us for a discussion on Party Prevention for STR Hosts.  An invitation with the weblink can be found here

    The next PoconosVRO General Meeting will be Tuesday July 18 at 7:30 PM via Zoom.

    If you have not joined Poconos VRO as a Charter Member, we hope you will now.  Please visit https://poconosvro.wildapricot.org/join-us


    Thank you,

    Mark Shay

    President, PoconosVRO

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