A court has doled out its ruling on a short-term rental dispute involving a homeowners association in North Carolina. The dispute has continued for years, resulting from homeowners’ desire to rent out their properties to vacationers.
Court Ruling on Short-Term Rental Dispute Released
A court has ruled against a homeowners’ association in North Carolina High Country, which attempted to prohibit short-term rentals during the ski season. The dispute centered around The Reserve II, located near the slopes of Sugar Mountain in Avery County, owned by Jeff and Martha Wells for over a decade. The couple engaged in a three-year battle over the right to offer their property as a short-term rental.
Martha Wells expressed her belief that those challenging short-term rentals initially bought their properties with that purpose in mind. The short-term rental dispute arose in January 2021. This was when the HOA board received complaints about overcrowding, noise, garbage, and unauthorized parking during the ski season. Consequently, the board voted to implement a ban on short-term rentals in the winter months.
Tom Drasites, a resident nearby, shared concerns about the challenges posed by ski season activities. He cited three-day weekends, bachelor parties, and disruptive behavior. The court of appeals upheld the homeowners’ right to short-term rentals, declaring that an amendment prohibiting them was unreasonable, especially considering that the original declaration contemplated renting units.
Jeff Wells attributed many problems to the surge in short-term rentals during the pandemic. He noted non-compliance with rules, leaving trash behind, and excessive parking. Whether the homeowners association will be responsible for covering the attorney’s fees for the legal battle remains unanswered.
