By Greg Ellison

(May 20, 2021) Ocean Pines officials’ discussion of amending Worcester County short-term rental regulations to enhance enforcement capabilities resurfaced during the board of directors meeting on Saturday, with a subsequent town hall on the issue set in short order.

Board member Frank Daly introduced recommendations from legal counsel to amend the Declaration of Restrictions for various sections of Ocean Pines to address short-term rentals.

“We’ve been working on this thing now for more than two years and it’s been a … pretty interesting process as we talked with all the stakeholders,” he said.

The issue erupted last summer because of recurring problems at a few properties, most notably on Abbyshire Road, that were advertised on web-based platforms such as Airbnb, VRBO, Flipkey or Homeaway.

Because of the disruptive behavior at some properties, the board formed a work group of Daly, and directors Camilla Rodgers and Frank Brown to investigate the situation.

Daly said the group concluded the best course of action would be to adopt the county regulations into association DORs to improve enforcement.

“The board is not looking to disrupt the short-term rental market in Ocean Pines,” he said.

Instead, Daly said, the intent is to create a more efficient means to address troublesome rentals.

“We would alter the DORs in each section of Ocean Pines to exactly follow Worcester County code,” he said.

The changes would be no more or less restrictive that county code.

“If you’re renting short terms and you’re in compliance with the county, you’re going to be in compliance with Ocean Pines,” he said.

Additionally, Daly said amending the DORs would give the OPA the ability to establish a fine structure.

Daly said conversations he has had the county level made it apparent that the resources to enforce rental regulations are lacking.

“That’s where we found shortcomings … so that falls upon us to do that,” he said.

Ocean Pines President Larry Perrone asked what mechanisms would be used to aid enforcement.

Daly said the association operates under a complaint-driven system to address violations.

“That’s how this system will be dealt with,” he said.

Daly countered the assertions of overreach expressed by critics of the effort.

“The truth is we have never experienced a problem with a property that has a Worcester County short-term rental license,” he said.

By contrast, Daly said unlicensed rentals have caused major problems in Ocean Pines and elsewhere in Worcester.

Perrone asked if the Architectural Review Committee [ARC] or Ocean Pines Police would handle enforcement responsibilities.

Daly said under association guidelines problems at a short-term rental would be addressed by the police department, which would then notify General Manager John Viola who would then contact the Complaints, Permits and Inspections Department (CPI).

Daly said after confirming the complaint is valid, CPI staff would issue a warning to the property owner.

“Past that, if there’s a subsequent complaint under the DORs, Viola can immediately go to enforcement,” he said.

With summer tourist season about to begin, Daly said any amendments to DORs would not be instituted until next year.

“Most people aren’t aware, but the board has the ability to levy fines in Ocean Pines sections developed after 1995,” he said. “They’ve never used it.”

Daly said the board could amend the fine schedule annually.

Board member Doug Parks stressed the importance of assuring various DORs are amended uniformly.

“We need a consistent process for enforcement that we socialize with the membership,” he said. “That will go a long ways in addressing these issues.”

Taking exception with the proposal was Board member Tom Janasek.

“I don’t believe we need another enforcement issue in the Pines or restrictions on anything,” he said.

Janasek noted county rental regulations permit officials to deny a license renewal if prior problems existed at a particular property.

“We have enough people behind it in Ocean Pines to put a little pressure on the commissioners to actually start enforcing all of these regulations,” he said.

Janasek noted the annual fee to obtain licensing from the county should provide sufficient funds to handle oversight.

“If we’re spending the money, why don’t you have a way to enforce it for the bad apples, which is .05 percent?” he said.

Daly suggested Janasek form a community group and lobby the county as private citizens.

“I’m not discouraging what you’re saying, because if they do their job we don’t have to do it,” he said.

Janasek said the point is that if Worcester lacks personnel to monitor short-term rental abuses, then more staff should be hired.

Daly said if the county fails to be up to the task, the board still has a responsibility to its homeowners.

“If you want to put together a grassroots effort, I’ll sign up for it,” he said.

Janasek said the county rental regulations are still relatively new and only had become effective in Jan. 2020.

“This year, all the leasing companies have to get it for their properties,” he said. “It’s obviously growing bigger.”

Janasek said his first goal would be discussing concerns with county officials and then charting a course.

“The majority of short-term rental owners don’t want to see problem properties because it’s a black eye on them,” he said.

Perrone said earlier discussions with County Commissioners Chip Bertino and Jim Bunting, both of whom voted against the short-term rental licensing the county approved in 2019, it seemed apparent the onus for monitoring abuses would fall to the association.

“They made it perfectly clear they were not going to push for enforcement,” he said.

Janasek said increased focus on the issue could prove useful.

“The more publicity it gets, people start paying more attention,” he said.

Daly suggested their efforts could run parallel while also proposing scheduling a town hall meeting to gather further community input.

If the town hall meeting could be held before the board’s next meeting on June 16, Daly said the proposal could be introduced as a motion at that time.