By Sebastian Kanally, Times Chronicle

A controversial vote by the Regional District of the Okanagan-Similakmeen (RDOS) board on the Principal Residence Requirement for short term rentals resulted in a split vote, and what some felt was intimidation by the public. 

The provincial Short-Term Rental Accommodations Act includes a principal residence requirement and areas in the Regional District of the Okanagan-Similakmeen (RDOS) could either choose to opt-in, or opt-out. 

Of the nine electoral areas, only Area “I” (Skaha West/Kaleden/Twin Lakes/Apex), Area “F” (Okanagan Lake West/Greater West Bench/Faulder) and Area “D” (Skaha East & Okanagan Falls) voted to opt-in to the requirement. 

Opting in means you restrict short term rentals to the host’s principal residence and one accessory dwelling unit. In practice this is intended to “give local governments stronger tools to enforce short-term rental bylaws”. Intended to prevent buyers from purchasing multiple houses and entering the short term rental market. 

Under the new requirements, the fines imposed on non-compliance can be up to $50,000 and fines for up to $3,000 per day for non-compliance. The areas that choose to opt in, will be supported by additional provincial enforcement resources, RDOS chief administrative officer Jim Zaffino explained to the board. 

This Principal Resident Requirement applies provincially to all municipalities with a population of 10,000 residents and over and will go into effect on May 1, 2024. 

For regional district electoral areas, the province provided this “opt in” process.

Area “A” (rural Osoyoos) and Area “C” (rural Oliver) both chose to not opt in to the requirement. The Town of Oliver chose to not opt in because, “several years ago we adopted the primary residence component, so we did not opt in, we just kept the status quo, but we basically have the same strategy,” Mayor of Oliver Martin Johansen explained in the March 21 RDOS meeting. 

These decisions come after the town of Osoyoos chose to opt in last month despite being a Resort Municipality Initiative (RMI) community which provides an exemption for the 14 municipalities that fall under this designation. Osoyoos council felt the added regulations and enforcement “teeth” would be helpful in controlling the town’s short term rental market.

These decisions have consequences, particularly in areas with large short term rental markets. Adrienne Fedrigo, director of Area “E” (Naramata) in particular faced pressure from her constituency around this decision. 

Members of the public attended the RDOS meeting with large signs trying to make their position on the matter known. 

Doug Holmes, Mayor of the District of Summerland, had to address their presence early in the meeting. He pointed out that “it’s a form of intimidation” while asking that the signs be removed. 

Matt Taylor, director for Area “D”, followed by saying “I understand what the people are saying here . . . we have already read your signs, so your point is made”.

Director of Area “C”, Rick Knodel, who was chair of the meeting explained that “we have never had an issue like this in the past” and noted if a board member really felt intimidated enough they could make a motion to stop the meeting. 

No member wanted to go that far and so the meeting continued on, and when Fedrigo voted to not opt-in to the requirements there were audible remarks of disapproval from the people in attendance. 

Fedrigo noted that with business licenses coming online and a vacation rental review being conducted, it will strengthen what they already have. “The Temporary Use Permit (TUP) process is not strong and not great, but it will be able to do what we need it to do,” she explained. 

The decision to opt in or not are not permanent, and any area can decide to opt in every year in March. Some of the electoral areas explained that they will see how the process is implemented and goes, and may opt in in the future. 

The provincial requirement is intended to provide a “floor” on which local governments may choose to have more restrictive short-term rental bylaws in an effort to regulate the short term rental market. 

There are some exceptions within the opt-in requirement such as ski resorts and BC Parks resorts which in the South Okanagan include Apex Mountain Resort and Manning Park which would be exempt.