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All Forum Posts by: Dito Calderon

Dito Calderon has started 1 posts and replied 18 times.

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20
Quote from @JJL Garner:

Hello. Has anyone heard more or have any updates about the possible restrictions for STRs in Buncombe County, NC, (outside Asheville city limits)?

We understand the committee has put the issues on hold due to Helene recovery efforts. Our hearts go out to everyone there.

We understand at this time, there are no STR restrictions for Buncombe County. However, for a possible new owner who wants to launch a STR in the springtime of 2025, we wonder what the future may hold in terms of permitting for a new STR, grandfathering of an purchased home that was already a STR, etc.

How would the situation differ with a home that's never been a STR but would become one, or a home that's for sale now that is a current STR.

What are your thoughts on this entire situation?

 Totally agree with @Mitch Davidson. It's hard to say post Helene what the sentiment will be.  I listened to all the previous hearings and the general sentiment was acknowledging that STRs are critical to the area's massive tourism industry and just banning them is not wise for the local economy. Balancing that with wanting to do something to maintain affordable housing for those in mid to lower income brackets.  

As Mitch pointed to, on one hand, STRs are housing supply locally and will likely get looked at.  On the other hand, there have been many STRs which switched to medium term housing families who were displaced after losing their homes in the storm. Without that supply, those families would be in a rough spot having to leave their communities and stay much further away/be even more disruptive.  I'm not sure what the narrative will be after everything settles.  

Agree with Mitch that if you are going to act, would definitely recommend getting in and getting going so you can claim grandfather status when regulations go into effect.  Ofc I am not on the committee but from watching, the grandfathering of existing units has consistently been on the plan to allow existing STRs to remain operable.

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20

@Mitch Davidson - are you hearing anything different or more detailed locally? 

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20

Update: It looks like the county has appointed an 11 person short term rental committee to review the work, investigate more, and provide a recommendation and will be disbanded by November 30th.  It is expected to propose text and regulation in October and host a special planning board meeting October 28th to review with the planning board.  That board would then approve or deny which would send the bill to the councilpersons for an official vote to put into effect.   Here is the link to the home page which includes the video and notes of bi-weekly meetings of this committee:  https://engage.buncombecounty.org/d1035

After reviewing the minutes, it seems very much to be in exploratory. The next two meetings are on Oct 2 and Oct 9th.  It does not seem to be close to final by any stretch. The sentiment seems mostly in line with previously proposed terms - allow for grandfathering, Basic requirements including permits, impact based on different zoning, size, parking, septic, trash, parking etc.  The one thing I found possibly concerning is a restriction of 2 people per BR according to the septic of the house.  That point was pretty neutral when polled so it is something to watch for.  

Feel free to track on the site above or if not, I'll post again with an update in a few weeks time as they get closer to some sort of proposal.  

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20
Quote from @Joelle B.:

Thank you for all this information. New here to the BP forum and to investing in Asheville also. Next week we will close on some property (with an old house in need of fixing or tear down tbd) in Buncombe Co currently with unrestricted zoning. Our immediate plan is to get some STRs going and mix in some mid or ltr, and in the future a few other possibilities to bring in income. 
I have been burned in Charleston Co SC and Folly Beach SC by changes in the STR laws after purchasing so obviously I'm very nervous to have this happen again. Where can I find when the STR application opens up? Is there a limited number of licenses? Can the zoning change after the fact?

Just wanted to express gratitude for providing this important information for out of town owners like us as we move forward. 

Thanks 


Obviously can't guarantee anything. What they have spoken about is changing what's allowed in each zone as opposed to changing the zoning of an individual property. So, for OU (open use) they have gone back and forth whether they would or would not allow based on lot size or otherwise a STR in that zoning.

They have paused for 100 days until they reconvene to re assess and study more the impact. I think that first 100 days is up in July if I remember correctly. So, as of now, there are no permits or applications or anything. 

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20

Yeah - hard to predict either way tbh.  Nice to have the breathing room, and I'll def keep tracking what happens to make sure to predict this and any possible future investments!

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20

I also noticed in the last hearing that they changed it to say 2 days in the last 2 years.  They started at 180 days, moved to 1 year and now 2 years. Looks like they are working to find a balance of feasibility on validating that claim of 2 days and enforceability.  

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20

@Mitch Davidson thanks for sharing that!  I didn't see that article great to have visibility into the timeline a bit more.  

Post: Airbnb direct support for Schlage encode locks

Dito Calderon
Posted
  • Posts 18
  • Votes 20

Does anyone know if I can link multiple Schlage encodes to the same reservation?  I am setting up an airbnb and still figuring out which channel manager I will use and the feasibility. Thanks in advance for insights! 🙌 

Post: New STR Restrictions Coming for the Asheville Area

Dito Calderon
Posted
  • Posts 18
  • Votes 20

The April 15th meeting was pushed to April 22nd due to scheduling.  I am still working my way through the video, but here are some key points so far.  

Here is the video if you want to watch.  From 9:45 to 20:30 walks through a summary of the proposal as well as options that the board has on the table.  https://www.facebook.com/buncombeGov/videos/628829406107729

Here is an infographic explaining the proposal in its current state: https://www.buncombecounty.org/common/planning/calendar-file...


The planning board (who only have the power to pass a proposal on to the commissioners who would actually vote it into law) voted and agreed to hold the public hearing, yet not vote on the proposal until they have had more time to review, get focus groups together including more voices, and understand all sides of the concern.  The sentiment was that STRs are a critical part of Buncombe County so they don't want to cut them off. At the same time, they have heard from communities and citizens negatively impacted from STRs and want to "protect the sanctity and right of owners and residents" in their communities. 

The next working session is in May and I will keep following along and post summaries into the thread here! 

Post: Is there an actual workers compensation WAIVER form?

Dito Calderon
Posted
  • Posts 18
  • Votes 20
Quote from @Stuart Udis:

@Dito Calderon I'm not following. Going back to John's post and example, someone hired to shovel the driveway or complete handyman work seems like an independent contractor relationship, not an employee relationship. You will want your vendor agreement to confirm their status as an independent contractor but workers comp insurance policies apply to companies that have employees and I believe is required in all states besides TX (don't quote me on that). Also more times than not a handyman is a sole proprietor, so they wouldn't carry workers comp coverage. Perhaps more common for a snow removal vendor as its usually a seasonal service paired with landscaping where employee relationships are more likely to exist. 

 If the person performing snow removal services is an employee of the snow removal company then that company should maintain workers comp insurance. It is good practice to confirm vendors who have employees maintain workers comp coverage. However they should also have commercial general liability and professional liability coverage.

I wouldn't advise hiring a vendor who doesn't have  adequate insurance coverage. Not to mention, have fun explaining to your insurance carrier in the event of a claim that you knowingly hired vendors who were breaking the law and were uninsured.....but its ok because they signed a waiver. You are asking for your carrier to deny coverage. To me sounds like something an amateur would do who is trying to save a few dollars hiring the cheapest vendor option out there.


 Thanks for the reply and explanation! Super helpful to understand a topic I am just getting read up on.  

We are working with a designer and project manager out of state to setup a STR for a property we just bought. Major work will be done by licensed GCs where we will be "additional insured". Some of the other work will be done by handymen or other people. Work such as building furniture, hanging tvs and pictures, replacing fixtures, etc. They do not have WC and I am getting clarity on whether they have liability. If not, I will push them to get that. I assume that even though there are a few steps of contract relationship (me to designer to them and maybe to a sub beyond that), that I still would own liability in any sort of event.

Thanks for helping me learn - we definitely want to protect downside risk.