There is no denying the fact that homeowners are upset by the new rules, regulations, and zoning boundaries surrounding short term rentals (STR) throughout Summit County. Changes that were not goal centered, lacked data, and were made abruptly without taking the hundreds of comments opposing them into account over the last couple of years in two of our local jurisdictions have homeowners understandably agitated. In turn several hundred local homeowners have formed non-profits and filed two separate lawsuits in an attempt to defend local property rights.
There are instances where it is estimated that STR licenses will not be available to local homeowners for 15-30 or more years. A great deal of these properties are located directly across the street or certainly within eye and ear shot of properties that can readily obtain a STR license and rent their property as they please.
Homeowners located in The Town of Breckenridge Zones 2 and 3 and the “Neighborhood Overlay Zone” of Unincorporated Summit County are taking action. Why? They have had the property rights taken away. Many homeowners qualified for their home loan based on short term rental projections and their legal right to short term rent their property or part of their property how they please and as often as they would like as long as they had a STR license. Now these homeowners are being told otherwise and frankly could very possibly no longer be able to afford their home. Each person in opposition has their own unique situation and story, but the long short of it is that property values are suffering when compared to properties located in areas or zones where STR permits are available and the number of STR bookings per year are unlimited.
Why do some local homeowners get to financially benefit from the new STR rules when others suffer?
Are areas STR Rules and Regulations Legal? Time Will Tell…..Currently two lawsuits have been filed. One against the County Commissioners of Unincorporated Summit County and the other against the Town of Breckenridge.
Case No. 1:23-cv-02057
A group of 101 homeowner members of Summit County Resort Homes Inc, a non-profit formed to stand up for the property rights of those located in Summit County, Colorado filed a lawsuit against the Summit County Board of Commissioners in district federal court on Monday, August 14th, 2023. The lawsuit alleges that Commissioners imposed “successively more severe, wide-ranging, misguided and unlawful regulations” when imposing caps on short term rental licenses and number of bookings earlier this year. The lawsuit claims violation of Due Process and Equal Protection.
The lawsuit including supporting documents and motions can be located below
Case Number: 2023CV30135
Colorado Property Owners for Property Rights, a nonprofit established to defend and protect Colorado property owners from unfair and unreasonable state and local property regulation, filed a lawsuit against the Town of Breckenridge in Colorado’s 5th Judicial Court on October 31st, 2023. The lawsuit argues that Breckenridge’s short-term rental ordinances are “preempted by state law, arbitrary and irrational, discriminatory (and) lacking support from study and data.” The lawsuit claims the Town of Breckenridge has violated state rent control law as well as state and federal level constitutional rights.
The lawsuit can be located below
How Can You Help?
VOTE! Who enacted the highly contested current STR rules and regs? Breckenridge Town Council members and Summit County’s Commissioners. How did these people get into office? They were voted in. Sadly, not all property owners have the right to vote on who makes and amends local laws, including laws that affect property owners. Only people who claim Summit County as their full time residence and are registered to vote here get the opportunity to vote for the people in these positions.
ATTEND MEETINGS and voice your opinion. Yes, hundreds of property owners and locals spent countless hours attending meetings held by town council and county commissioners, while also voicing their opinions on the matter. With well over over 90% of people pleading to uphold owner’s property rights and reconsider enacting stricter STR rules, regulations, and zones in the forefront of government discussions. The high level of attendee opposition being ignored and not considered by the Breck Town Council or the Summit County Commissioners is one of the main points of contention in both lawsuits.
DONATE! Lawsuits are expensive. Summit County Resort Homes Inc and Colorado Property Owners for Property Rights are both nonprofits collecting donations to directly fund the lawsuits that are fighting to uphold our property rights here locally.
The Good News
Currently there are several authorities throughout Summit County that have short term licenses available and allow for an unlimited number of bookings per year. If you are looking to buy, sell, or invest in real estate in our area it is more important than ever to have a knowledgeable, skilled, and dedicated Realtor® on your side helping to guide you. Give me a call today!
Annie Markuson
970-368-5553
Annie.Markuson@cbmp.com