By CHERI BRUBAKER/YachatsNews.com
WALDPORT — Conflicts between residents of unincorporated Lincoln County and owners of vacation rentals usually take the form of lawn signs, letters to the editor, and strongly worded comments to county commissioners.
On Saturday, full-time residents and owners of vacation rentals in the Bayshore community went face-to-face in a contentious and emotional 5-hour meeting in what has become Ground Zero of a nearly 2-year-old battle over short-term rentals in single-family neighborhoods.
A large community along the north edge of the Alsea Bay and overlooking the Pacific Ocean, Bayshore is comprised of 1,015 homesites, 700 houses and 104 licensed vacation rentals. All but 10 lots are zoned for single-family homes. It is not in the Waldport city limits, but in unincorporated Lincoln County.
Within the next month, county commissioners are expected to make sweeping changes to its regulations governing short-term rentals in unincorporated areas of the county. That is likely to include limiting licenses, lowering occupancy rates, closer oversight of septic systems, and implementing additional methods of enforcement .
There is strong disagreement among property owners regarding the intended and best use of Bayshore. There are some who view the subdivision as a residential community for mostly permanent residents. Others view it as a thriving resort, with vacation rentals lining much of the west side of Northwest Oceania Drive and scattered throughout the neighborhood.
And, therefore the disagreements over how vacation rentals should be treated.
Many full-time residents opposed to the growing number of short-term rentals contend they bring constant turnover, traffic, parties, garbage and other nuisances to residential neighborhoods.
Their owners argue they have a right to use their property as they please – within reasonable limits. The increasing number of vacation rental owners and the burgeoning management industry supporting short-term rentals have a large stake in Bayshore due to its location and buildable lots.
And that’s what added drama to the annual meeting Saturday of the Bayshore Homeowners Association.
Six seats on HOA board up for grabs
At stake Saturday were six seats on the homeowner association board and how to deal with a seventh vacant seat. The months leading up to the membership meeting were tumultuous for the board and its committees, with resignations and appointments of directors. Underlying issues included pool access for guests, enforcement of association rules and the meaning of residential use.
The conflict between year-round residents and vacation home owners was on dramatic display as more than 100 property owners filled the HOA clubhouse and another 50 joined remotely via Zoom.
Minutes of HOA board meetings leading up to Saturday’s meeting were filled with board resignations and appointments, as well as disagreement among members on the definition of who is a guest and who should be allowed to use Bayshore facilities, especially the swimming pool.
There were discussions regarding interpretation, relevance and suitability of covenants written in the 1960s. Revisions were made, then challenged. Attorneys changed, committees formed and others disbanded. A task force was appointed to investigate the impact of short-term rentals, with some members objecting to its methods and scope.
John Blackburn, who owns three oceanfront homes, two of which are licensed as short-term rentals, formed a coalition to challenge the existing board. Blackburn said his coalition is not comprised of only vacation rental owners, but included long-time residents similarly frustrated by the board.
The Blackburn coalition campaigned in advance of the Saturday election, taking aim at board president Mark Cook and board members Kathi Lenz, Don Patterson and Shelly Woodke.
The Blackburn coalition’s website indicated board candidates Kenn Apel, Gina Bebek, Carolyn Gardner, Tom Hunt, Norman Fernandes, George Kressley, Jesse Peters, Steve Sager, and Jacque Smith “have stated or shown they are willing to listen and respect the rights of all Bayshore members.” It specifically recommended Apel, Gardner, Peters, Bebek, Sager and Smith for election.
Blackburn’s attorney also wrote to the board asking it to stop efforts to discriminate against residential uses, asserting Oregon courts recognize that short-erm rentals are one of a kind single-family residential use. Blackburn warned that Bayshore’s policies and procedures cannot discriminate against vacation rentals, and it assumes legal liability in doing so.
When asked, that was disputed by Monica Kirk, an organizer of the anti-STR group 15neighborhoods, saying that facts relied on by the Oregon Court of Appeals and Supreme Court have changed, predicting the 1996 case relied upon by Blackburn would be overturned if it was challenged.
New HOA president hopes for calm
Cook, the outgoing Bayshore homeowners association board president, presided over the start of Saturday’s meeting.
Homeowner association attorney Tom Johnson advised the members that there were challenges made to the nominating procedure and the ballot. To avoid possible legal issues, Johnson suggested a new ballot be made with all previously nominated candidates and any new nominations from the floor, then a recess to allow for voting.
There were outburst from members including, “I thought this was a members meeting,” and “Point of order.”
John Gardner stood and said firmly, “This is Robert’s Rules,” he said citing Robert’s Rules of Order. “We have an attorney here.” Gardner made clear that Cook could make a motion, but any decision to recess would be made by the members, not the board.
There was considerable confusion and disorder as members shouted over another, hurling insults and derision.
“I have no axe to grind here,” said Gardner.
“Oh, bullshit,” said Jeff McElhannon. “Sounds like a big attempt at a rigged election to me.”
The membership overwhelmingly voted to affirm that any decision to recess was the membership’s to make, not the board’s.
Nominations were accepted from the floor, however, it was noted that many votes had already been cast.
Robin Adcock made a motion to count the ballots and proxies submitted by members, which was overwhelmingly passed.
There was an apparent majority of people supporting the Blackburn coalition, both in the Bayshore clubhouse and among those attending online, which preceded to vote to accept the current ballot and votes already cast, though the ballot was acknowledged to be flawed and incomplete. Cook’s name was on it, though he was not seeking re-election to the board and names were left off or removed from the ballot.
The votes were tallied. The winning candidates — Apel, Gardner, Hunt, Bebek, Sager and Smith — were those supported by the Blackburn coalition and joined Mark Mugnai and William Nightingale on the board. There remains a vacant position.
Nightingale accepted the nomination for board president, and said he would try to unite the community.
“I think we need to try to come together as a community,” he said. “There’s a lot of upset people about how things went. I think as a new board, we can come together and make good, logical decisions.”
Hunt, who was elected vice president, said, “We need to work together for the best of the whole community.” He indicated his dream is that “we will be civil to each other.”
The board’s next meeting is 1 p.m. June 19.
— Cheri Brubaker is a freelance reporter on the Oregon coast who can be reached at cheribrubaker@me.com