Indian Rocks Beach prepares for legal battle after vacation rental contract rejected

PINELLAS COUNTY, Fla. – A close decision by Indian Rocks Beach city councilors is likely to lead to a costly legal battle over short-term vacation rentals, the homes that can be rented on websites such as AirBNB and VRBO.

The owners of numerous short-term rental properties have currently filed suit against the city in seven separate federal lawsuits.

Homeowners in the coastal community have long argued that some of the rental properties are disruptive party houses that have destroyed the tranquility of their community.

“Traffic, trash, crowds, noise,” said Dave Watt, a homeowner.

“And I could give you a whole litany of all the problems I've had in my house – which I've owned since 1957 – including a guy my neighbor saw urinating in my yard last Sunday afternoon at 1 p.m.,” added another, Marti Krajnik.

Many of these problems were addressed last year when Indian Rocks Beach passed an ordinance establishing comprehensive rules for vacation rental owners and renters.

However, the regulation sparked a backlash from landlords like Matthew Barrowclough.

“I've been here for three years now. I've committed zero violations,” he said. “These exaggerations being spread by certain members of this community are devastating.”

Barrowclough is one of numerous plaintiffs currently suing the city over its vacation rental regulations, which he argues are unconstitutional.

“There are good working-class families in Tampa and all over the world who just want to come here and get away from their hard lives,” he said. They want to enjoy the beach, and then there are all these other people who say, 'No! This is ours! I came here 20 years ago!'”

In January, plaintiffs including Barrowclough and Indian Rocks Beach city staff began mediation and agreed to a compromise to repeal some of the regulations. If commissioners approved the changes, the seven lawsuits would be dropped.

A change would allow a higher occupancy rate for vacation rentals than is currently permitted, provided the property has the required number of “habitable living spaces.”

Another change would allow the city to no longer suspend or revoke a vacation rental license after multiple violations.

During a meeting Tuesday afternoon, dozens of homeowners forced the city to reject the compromise, which they said was too one-sided for vacation rental owners.

“You can't stress enough that these changes are big. They are big changes,” homeowner John Pfanstiehl told commissioners. “You can't give in.”

In an informal 3-2 vote, most commissioners voted in favour of the compromise and rejected it.

Now the city faces a legal battle to defend its rules. According to City Attorney Randy Mora, there is no guarantee that Indian Rocks Beach will win that fight, which could be detrimental to the city's budget.

“If there is something we need to spend money on, it is defending the safety and peace in our neighborhoods for our residents,” Pfanstiehl replied.

Homeowners like Pfanstiehl are ready to fight and confident that the city's ordinance is legally sound.

However, holiday home owners like Barrowclough are also ready for the fight.

“Without a doubt,” he said. “Without a doubt.”

The next step for the city will be to inform the plaintiffs and the judge of its decision to continue defending its vacation rental rules, said Mora, the city's attorney.