Regulate Short-Term Rentals in the CountrySide Neighborhood


Regulate Short-Term Rentals in the CountrySide Neighborhood
The Issue
Dear CountrySide Residents,
Do you have a short-term rental/Air B&B on your street yet? You might be surprised to learn that there is a growing number in the Countryside community, so if you don't now, you may soon!
The house next door to us sold late last year and we learned it was converted to a short-term rental (STR). Upon researching the owner, as we were never notified that the property would be used as a short-term rental, we found that a corporation in Florida that manages "vacation rentals" in South Florida and Northern Virginia is helping investors find properties in Countryside, renovating them, and then advertising and managing them as short-term vacation rentals (you can find them on sites including Air B&B, VRBO, and even Expedia). We have no idea who actually owns the property (other than through a Google search for title information).
The company who "manages" the house next to ours manages at least 8 other properties in Countryside, according to their website. The CountrySide HOA has been able to identify 7 more that are currently being converted for a total of 16 properties — this means they nearly doubled in the last 4 months. This management company is based in Florida and is not within driving distance which is concerning should there be some kind of emergency. I did a simple search on Air B&B of "flexible week dates in April" and found other properties that are owned by other companies doing this as well.
Why you should care if you are a Countryside Resident:
1. Safety and Security: There are several safety and security considerations with a neighborhood of short-term rentals. First, there are “limited” to no background checks done on short-term renters. We live near a school that does offer some protection against sex offenders. We have no idea who is checking in and out of the STRs. The management company allows pets and we have already had unleashed dogs running around the common area. Not only is that a violation of CountrySide regulations (which I am sure they are alerted to before 'checking in'), but it is a major safety concern with children running around playing in the common areas and other neighbors walking dogs.
2. Traffic and Parking Issues: People driving the wrong way down Vandercastel is a struggle already and very dangerous. Since the short-term rental has "opened" on our road we have noticed an increase in cars staying at the short-term rental going the wrong way. We have sent several pictures/complaints to the HOA of STR guest cars driving the wrong way and parking.
Generally, parking in CountrySide can be difficult. We have had several examples of the STR guests parking in visitor spots, in between two spots, and taking resident assigned spots. The STR listing states that it can fit 8 people which, practically speaking, these homes are not meant for and they certainly cannot accommodate up to four couples driving to stay here.
3. Using Countryside amenities: The STR is advertising CountrySide Amenities on their listing. This takes away from actual residents using the amenities they pay for. There is a provision in the HOA Guidelines for long-term rentals who must pay a fee for their renters to use the facilities. We confirmed that the HOA is not doing this for every short-term "guest" that comes through, even though the HOA considers each STL is an exclusive lease. If the HOA is busy managing these short-term rentals our HOA fees could potentially go up. Residents should not have to pay for the cost of business for a short-term rental business.
Back to the safety and security aspect, while advertising tot lots may seem like a draw for families — there is no way of knowing why people select the short-term rental they do and sadly my have more perverse reasons they wish to vacation near a tot lot.
4. Existing policies & fees for renting homes are not being enforced or collected: The governing documents state that a home must be used for private residential purposes (Provision 262). We argued that the home is a business as it was purchased with the intent of being used as a short-term rental property. The HOA has informed us that due to a Virginia Supreme Court ruling a short-term rental is considered an exclusive lease and therefore is being used for private residential purposes.
There is a provision in the HOA governing documents which states that an owner may need to provide the association with a copy of any (i) lease with a tenant or (ii) association document completed by the lot owner or representative that discloses the names and contact information of the tenant and occupant under such lease. The association may require the lot owner to provide the association with the tenant’s acknowledgment of and consent to any rules and regulations of the association.
Additionally, an owner must pay a $50 fee every time they rent (lease) their home (Resolution 275), they must provide the association with a copy of the lease indicating all tenants occupying the premises and the lot owner will annually complete the “Residential Occupancy Form”. We confirmed that the HOA is not collecting these documents or fees from the STR owners for every short-term guest that comes through. Based on reviews on one website (Air B&B) left by guests for one company managing at least 9 STRs that is an unpaid balance of over $7,000. This company operates on several websites, so this is a conservative estimate.
The Homeowners Association is happy to hand out violations to residents who actually live here so we question how they are picking and choosing the rules they enforce and why they are choosing the rules that go against actual CountrySide residents.
5. Loss of community feel: With the transient nature of short-term rentals CountrySide may soon feel like a resort village instead of a neighborhood. This company manages three STRs on Bickel Court alone and there is a fourth on Bickel managed by another company.
In our situation, we were very friendly with the neighbors who moved out of the now STR and we have had to tell our 5-year-old that he should not talk to anyone coming in or out of that house. I want my child to be able to feel safe playing in the common area out front with the other kids and not have to worry about whatever may or may not be happening in the house next door.
Another consideration is future sales of houses. This company is helping investors make high cash offers on homes. Families cannot compete with that and will be pushed out of this neighborhood. Additionally, there is an affordable housing shortage in Loudoun County. Rather than regulating vacation homes and short-term rentals, the County wants to build more housing developments.
6. No respect for Community Rules: Non-residents and people who are only staying for a few short days have no "stake" in the community. There is no reason for them to keep the property clean or follow the community rules (if they are even told the rules). In addition to the parking and roadway issues previously mentioned, we have also had dog poop left on the deck and a dog left out barking until late at night. We have had trash left out on the wrong day, for multiple days, outside of containers where animals have ripped the bags opens and spread trash. We have also had to educate transient guests about parking rules, garbage rules, and leash rules. While it may not seem like a big deal to answer these questions, when you have to do so for every person who moves in (so far 1-2 different groups of people per week) it gets annoying.
We have spoken to many of the individuals around the other STRs in CountrySide and their complaints are all the same as we have experienced, only many of them have dealt with it longer.
Regulations should include, but are not limited to:
- No dwelling or any portion shall be used or occupied for revolving use, transient, or hotel purposes. This includes Airbnb, house swaps, VRBO, or other short-term rentals or use.
- Leases must be a minimum of six (6) month terms and must be in written form.
- All leases must comply with Fairfax County and Loudoun County Zoning Ordinances, including any limits imposed on the number of occupants of a dwelling.
Please join us in demanding that the CountrySide Homeowners Association and the Property Management People, Inc., CountrySide's proprietary staff, regulate short-term rentals.
The Issue
Dear CountrySide Residents,
Do you have a short-term rental/Air B&B on your street yet? You might be surprised to learn that there is a growing number in the Countryside community, so if you don't now, you may soon!
The house next door to us sold late last year and we learned it was converted to a short-term rental (STR). Upon researching the owner, as we were never notified that the property would be used as a short-term rental, we found that a corporation in Florida that manages "vacation rentals" in South Florida and Northern Virginia is helping investors find properties in Countryside, renovating them, and then advertising and managing them as short-term vacation rentals (you can find them on sites including Air B&B, VRBO, and even Expedia). We have no idea who actually owns the property (other than through a Google search for title information).
The company who "manages" the house next to ours manages at least 8 other properties in Countryside, according to their website. The CountrySide HOA has been able to identify 7 more that are currently being converted for a total of 16 properties — this means they nearly doubled in the last 4 months. This management company is based in Florida and is not within driving distance which is concerning should there be some kind of emergency. I did a simple search on Air B&B of "flexible week dates in April" and found other properties that are owned by other companies doing this as well.
Why you should care if you are a Countryside Resident:
1. Safety and Security: There are several safety and security considerations with a neighborhood of short-term rentals. First, there are “limited” to no background checks done on short-term renters. We live near a school that does offer some protection against sex offenders. We have no idea who is checking in and out of the STRs. The management company allows pets and we have already had unleashed dogs running around the common area. Not only is that a violation of CountrySide regulations (which I am sure they are alerted to before 'checking in'), but it is a major safety concern with children running around playing in the common areas and other neighbors walking dogs.
2. Traffic and Parking Issues: People driving the wrong way down Vandercastel is a struggle already and very dangerous. Since the short-term rental has "opened" on our road we have noticed an increase in cars staying at the short-term rental going the wrong way. We have sent several pictures/complaints to the HOA of STR guest cars driving the wrong way and parking.
Generally, parking in CountrySide can be difficult. We have had several examples of the STR guests parking in visitor spots, in between two spots, and taking resident assigned spots. The STR listing states that it can fit 8 people which, practically speaking, these homes are not meant for and they certainly cannot accommodate up to four couples driving to stay here.
3. Using Countryside amenities: The STR is advertising CountrySide Amenities on their listing. This takes away from actual residents using the amenities they pay for. There is a provision in the HOA Guidelines for long-term rentals who must pay a fee for their renters to use the facilities. We confirmed that the HOA is not doing this for every short-term "guest" that comes through, even though the HOA considers each STL is an exclusive lease. If the HOA is busy managing these short-term rentals our HOA fees could potentially go up. Residents should not have to pay for the cost of business for a short-term rental business.
Back to the safety and security aspect, while advertising tot lots may seem like a draw for families — there is no way of knowing why people select the short-term rental they do and sadly my have more perverse reasons they wish to vacation near a tot lot.
4. Existing policies & fees for renting homes are not being enforced or collected: The governing documents state that a home must be used for private residential purposes (Provision 262). We argued that the home is a business as it was purchased with the intent of being used as a short-term rental property. The HOA has informed us that due to a Virginia Supreme Court ruling a short-term rental is considered an exclusive lease and therefore is being used for private residential purposes.
There is a provision in the HOA governing documents which states that an owner may need to provide the association with a copy of any (i) lease with a tenant or (ii) association document completed by the lot owner or representative that discloses the names and contact information of the tenant and occupant under such lease. The association may require the lot owner to provide the association with the tenant’s acknowledgment of and consent to any rules and regulations of the association.
Additionally, an owner must pay a $50 fee every time they rent (lease) their home (Resolution 275), they must provide the association with a copy of the lease indicating all tenants occupying the premises and the lot owner will annually complete the “Residential Occupancy Form”. We confirmed that the HOA is not collecting these documents or fees from the STR owners for every short-term guest that comes through. Based on reviews on one website (Air B&B) left by guests for one company managing at least 9 STRs that is an unpaid balance of over $7,000. This company operates on several websites, so this is a conservative estimate.
The Homeowners Association is happy to hand out violations to residents who actually live here so we question how they are picking and choosing the rules they enforce and why they are choosing the rules that go against actual CountrySide residents.
5. Loss of community feel: With the transient nature of short-term rentals CountrySide may soon feel like a resort village instead of a neighborhood. This company manages three STRs on Bickel Court alone and there is a fourth on Bickel managed by another company.
In our situation, we were very friendly with the neighbors who moved out of the now STR and we have had to tell our 5-year-old that he should not talk to anyone coming in or out of that house. I want my child to be able to feel safe playing in the common area out front with the other kids and not have to worry about whatever may or may not be happening in the house next door.
Another consideration is future sales of houses. This company is helping investors make high cash offers on homes. Families cannot compete with that and will be pushed out of this neighborhood. Additionally, there is an affordable housing shortage in Loudoun County. Rather than regulating vacation homes and short-term rentals, the County wants to build more housing developments.
6. No respect for Community Rules: Non-residents and people who are only staying for a few short days have no "stake" in the community. There is no reason for them to keep the property clean or follow the community rules (if they are even told the rules). In addition to the parking and roadway issues previously mentioned, we have also had dog poop left on the deck and a dog left out barking until late at night. We have had trash left out on the wrong day, for multiple days, outside of containers where animals have ripped the bags opens and spread trash. We have also had to educate transient guests about parking rules, garbage rules, and leash rules. While it may not seem like a big deal to answer these questions, when you have to do so for every person who moves in (so far 1-2 different groups of people per week) it gets annoying.
We have spoken to many of the individuals around the other STRs in CountrySide and their complaints are all the same as we have experienced, only many of them have dealt with it longer.
Regulations should include, but are not limited to:
- No dwelling or any portion shall be used or occupied for revolving use, transient, or hotel purposes. This includes Airbnb, house swaps, VRBO, or other short-term rentals or use.
- Leases must be a minimum of six (6) month terms and must be in written form.
- All leases must comply with Fairfax County and Loudoun County Zoning Ordinances, including any limits imposed on the number of occupants of a dwelling.
Please join us in demanding that the CountrySide Homeowners Association and the Property Management People, Inc., CountrySide's proprietary staff, regulate short-term rentals.
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Petition created on April 14, 2021