— Owner hopes decision on Desert Mirage will clarify issue —

(OSOYOOS TIMES — July 4, 2007) —

The long battle over short-term condo rentals at the Desert Mirage building is finally going to court “ and both sides in the dispute hope a quick decision will clarify the situation for all involved.
A lawsuit has been launched in B.C. Supreme Court by Ed Schweitzer, one of a group of condo owners at the east Osoyoos complex who argues that, contrary to the Town's interpretation, Osoyoos' zoning for the Desert Mirage actually allows them to rent their units out for less than one month at a time.
Town Council and the Town's administration say the zoning bylaw for the property doesn't allow the condo owners to rent their units for less than one month.
The fight over the rentals has gone on for years and has split the building into two camps “ the owners who want to rent their units short-term and the owners who generally live in the building and don't want the short-term rentals.
The resident owners have complained to Council that their lives are disrupted in the summer by the comings and goings of noisy visitors who are renting condos for short periods.
Both the Town and the pro-rental owners have threatened legal action in recent months to settle the dispute, and now one of the renting owners has launched a lawsuit.
I have filed a petition to the Supreme Court asking for a declaration that nightly and weekly rentals are allowed under the Town of Osoyoos zoning bylaw (for the Desert Mirage), Schweitzer told the Osoyoos Times last week.
He argues that a clause in the Desert Mirage zoning which lists hotel/motel as a permitted use, means short-term rentals can be carried out in the development. He says he and the other pro-rental condo owners in the building obtained a legal opinion from a Penticton law firm supporting their claim.
Schweitzer stresses that the Town of Osoyoos has been very co-operative in helping the matter go to court.
He says while he would prefer to win his case, and he thinks he will, that isn't the most important aspect of his lawsuit. The main thing that will be accomplished is that the issue will be decided once and for all, and then people can get on with their lives.
Osoyoos Mayor John Slater agrees.
Illegal rentals have been a huge issue in town, Slater says.
We really want it clarified for the benefit of everybody.rnThe mayor says he understands the court should deal with Schweitzer's case sometime this month, because of the urgency, so it can be in effect for this summer.rnSchweitzer says he has had legal advice for this court case, but he does not have a lawyer acting for him. He is making his own case to the court, to keep costs down.
He adds he is not seeking payment for any alleged financial damages caused by the Town's interpretation of the zoning bylaw.
The legal action follows a move by Schweitzer and fellow pro-rental condo owner Mark Redl to get help from the B.C. Ombudsman. They asked him to investigate the Town's handling of the situation.
Schweitzer says he lodged a complaint with the Ombudsman's Office in December, charging that the Town has been treating citizens unfairly by refusing, when asked, to provide a proper legal interpretation of its CD-1 zoning bylaw which covers the Desert Mirage.
The Ombudsman can investigate complaints about administrative unfairness by public agencies, including municipal governments “ but can only issue a report recommending steps to resolve an issue.
Although alleged violations of the Desert Mirage zoning bylaw have proven almost impossible for the Town to document, this spring the Town increased its threat of legal action against short-term rental owners.
It distributed a strongly worded notice warning if it receives evidence of bylaw infractions, we will expeditiously seek a Supreme Court injunction against such infractions.rnSchweitzer and Redl have said they want a well-managed system at Desert Mirage, with a rental system, security, and rules that will ensure short-term renters don't cause problems for resident owners in the development.
Redl says that the Town's restrictions on renting of his and others' condos is that they are taking away our livelihood. And the property value of a Desert Mirage condo that should be at about $450,000 is selling right now for $299,000 “ furnished, he adds.