My first job is that of real estate broker in Carlsbad, but a little civil unrest has been brewing lately–with a petition that went out to the Carlsbad City Council this morning.
Signatures are still being gathered in a petition to protect property rights for vacation rental owners at the La Costa Chateaus. That hot Carlsbad topic was covered last week.
I am a vacation rental owner at the La Costa Chateaus, but feel an overwhelming obligation to protect the interests of those to whom we have sold units there in the past. They bought because of either existing vacation rental income or the possibility of that income at another point in life. These clients were willing to pay a premium for their condos for a number of reasons including their locations behind the gates of Omni La Costa, their vacation rental freedom (allowed by the two HOA’s) and the possibility of a future retirement home or getaway.
Property Rights in Carlsbad
The big issue has to do with property rights–and it is one on which everyone should focus–whether involved with the La Costa Chateaus or not. It is a basic Constitutional Right. Below is the petition that is still being signed and we invite your participation!
I’ve started the petition “City of Carlsbad, CA: Protect Our Property Rights” and need your help to get it off the ground.
Will you take 30 seconds to sign it right now? Here’s the link:
Here’s why the petition is important:
The City of Carlsbad very recently stripped La Costa Chateau property owners of both equity and income in a move that appears to be a “regulatory taking.” Already, some owners are facing rental cancelations and all feel they are now in violation of a recently enacted law that appears to be a violation of their Constitutional rights.
Regulatory takings have become a hot issue in communities throughout the country as property owners increasingly find themselves unable to use their property as they have in the past, and are seeking ways to remedy that situation. Sometimes a petition or deeper awareness and response to an issue can resolve the problem. And sometimes legal action may be required.
These 791 square foot units sit behind the gates of La Costa and are marginally part of the Resort, who contributed $200,000 for the exterior remodel of each building so they might more closely resemble their sister buildings at the La Costa resort. La Costa further helped pay for front landscaping and lighting–and still pays for part of the electricity. It is a relationship that goes back to at least 1972. From the onset, these studios (many of which have been converted to one-bedroom units) served as short-term second homes and vacation rentals. They are not close to any residential neighborhoods, provide for their own trash removal, provide parking and have Homeowner Associations that allow for short term vacation rentals. Many owners have reservations that extend far into 2016 and almost all purchased these units because of their real or potential cash flow. All now face a large decline in income as well as property values. Meanwhile, the La Costa Villas, located directly across the same street, which are also individually owned, are being advertised on VRBO as vacation rentals–with the City of Carlsbad’s approval.
In an attempt to halt further damage, we are petitioning the City of Carlsbad City Council to Modify Ordinance No. CS-272 and Carlsbad Municipal Code Chapter 5.60, Short-term Vacation Rentals, to Exclude the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar Rd., Carlsbad, CA 92009 (collectively referred to here as “the Chateaus”) from the scope of Ordinance No. CS-272 and Carlsbad Municipal Code Chapter 5.60
The purpose of this petition is to have the City of Carlsbad City Council modify Ordinance No. CS-272 and Carlsbad Municipal Code Chapter 5.60, Short-term Vacation Rentals, to exclude the Chateau from the scope of Ordinance No. CS-272 and Carlsbad Municipal Code Chapter 5.60. The primary reasons for this petition being presented at this time are as follows:
1. The stated purposes of Ordinance No. CS-272 and Chapter 5.60 (to protect residential neighborhoods and collect transient occupancy tax [“TOT”]) are not advanced and will be substantially frustrated by applying Ordinance No. CS-272 and Chapter 5.60 to the Chateaus.
2. The application of Ordinance No. CS-272 and Chapter 5.60 to the Chateaus constitutes a regulatory taking. Chateau owners’ equity and income will be taken from them for no reason by the City of Carlsbad unless the Chateaus are exempted from the scope of Ordinance No. CS-272 and Chapter 5.60.
The undersigned persons hereby petition the City of Carlsbad City Council to modify Ordinance No. CS-272 and Carlsbad Municipal Code Chapter 5.60, Short-term Vacation Rentals, to exclude the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar Rd., Carlsbad, CA 92009 from the scope of Ordinance No. CS-272 and Carlsbad Municipal Code Chapter 5.60.
Please sign if you support Chateau Owners Against Regulatory Taking (COART) in their fight to prevent the regulatory taking of assets while protecting property rights.
Thank you for your support!
You can sign our petition by clicking here.