News
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GOODBYE TO GovOS, HELLO TO OPENGov!!
Sunapee town administration has publicly announced they will be parting ways with the GovOS STR management platform in the spring of 2024. This is VERY good news as the system has proven to be challenging to work with and had a significant security issue. The town is now using OpenGov to manage STRs.
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As of October, 2024 about 65ish STRs were registered with the town of Sunapee
The town saw an increase in registrations after the town mailed letters to vacation rental owners with notice of potential fees and fines owners could be charged if
they didn't register.
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We cannot stress this enough: Even if you have already registered or are going to, be sure to write "Under Protest and Without Prejudice" on your registration application! These words will fit where you enter your name on the registration form. Per our attorneys, writing this phrase ensures your protection to continue to rent when / if a legal challenge is launched.
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NH STR LEGAL CASES
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In September 2024 the town of Conway suspended the enforcement of their STR ordinances due to an error in how they were written. This means the town will need to vote of the corrected ordinance in March 2025. See this article for more info:
Rental enforcement off till town vote | Local News | conwaydailysun.com
On May 15, 2024, the NH Supreme
Court ruled in favor of the Hoekstra family giving them a green light to rent a camper on their property as an STR. The ruling from the court is based on what the Sunapee ordinances were in 2022 when the case began making its way through the court system. To read more, follow this link to the ruling:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2024-05/2024023hoekstra.pdf
In January 2024 the NH Housing Appeals Board posted their decision for Cohen vs the Town of Freedom. The HAB ruled in favor of the Cohen family and their STR. Because their STR was "a preexisting, nonconforming use" they are not subject to new ordinances and regulations the town had put into place to limit STRs.
On May 2, 2023, the Supreme Court of NH ruled on Conway V Kudrick - a decision that was long-awaited by many people on both sides of the STR aisle. The court ruled in favor of Mr. Kudrick, meaning he can continue to rent his houses as STRs. There are several take aways from this historic ruling. One of the most significant comments by the court is that if a residence is used as a residence it doesn't matter for how long or if money is exchanging hands. They also spoke to the rights of homeowners and that municipalities should try to error on the side of protecting those rights. To read the whole opinion of the court follow this link: https://www.responsiblevacationrentals.com/resources/5-2-20203%20OPinion%20Issued_%20Affirmed.pdf
MARCH, 2024: NEW STR ORDINANCES IN EFFECT
From the March, 2024 vote, the new STR zoning ordinances in effect now include these further restrictions:
1) "Heads in beds" limited to 2 per bedroom, with 1 additional person overall. As well as a limit of 16 people total in the STR space.
2) Parking limited to 1 car per bedroom. Number of bedrooms is determined by a property's ID card in the GIS data base as well as number of bedrooms as noted on a septic design if serviced by private septic.
3) Limit of 120 days rental per year.
These continue to be problematic in numerous ways. Primarily these are land-use rights that are being taken away from property-owners. They are also discriminatory against STRs since the same restrictions are not imposed on any other residential or business settings. The restrictions will also be very challenging for the town to tabulate and enforce (esp. the 120 day restriction). NH RSAs and case law do not support the restrictions. In other words, NH state law does not align with these STR ordinances.
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WHAT LSSTRA SUPPORTS
The Lake Sunapee Short Term Rental Association is in support of:
- A voluntary registration process for all STRs in Sunapee
- A reasonable STR management system with legal,
enforceable and equitable regulations.
- Community-engaged and responsible STR hosts
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The Town of Conway conducted a study about the economic impacts of STRs in their region. Follow the link below to read the outcomes of that study.