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Whistler Rental Property Owner UpdateAfter fielding numerous questions from Whistler rental property owners from all over the world , we have decided that there is an information void. Your questions have motivated us to compile a bunch of information from Whistler’s newspapers, over recent months, and post it on the Internet for you all to read. On the following pages you will find articles and letters relating to:
The format is casual. If you are a Whistler rental property owner, the following stories will be of great interest to you. So, scan through the headlines below, read the ones that interest you, and please send any feedback. Sincerely, |
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Jonathan Baker is preparing to square off against a
familiar foe. Baker is acting as counsel for about 10 of those property owners. He will be defending his clients against top municipal lawyer Barry Williamson, someone he has argued against in countless cases. "It's a battle of two firms," said Baker. We are always against each other in court." Most of the actions filed to date are now awaiting examinations for discovery by Lidstone Young Anderson. Those discoveries could be held, in some cases, within the next few weeks. Baker said the plaintiff, Whistler, will basically want to find out what the defendants’ case is. Presumably they will want to see receipts from nightly rentals and find out how and when units were rented and for how long. He said each case is unique and may not necessarily set a precedent for the next. "In some cases it will depend on how long the use has been going on," said Baker. "The bylaws have changed over the years and in some instances the defence will be that there has been a continuous non-conforming lawful use. In other words, it was lawful in the past, when it started, and so it remains lawful." Another defence will attack the interpretation of the wording of the present bylaw which Baker says is ambiguous. Baker said when the meaning of a bylaw is unclear it is generally interpreted in favour of the property owner. "One point I would make from a general point of view of policy is that when the Whistler town centre was developed, there was fundamental concern owners would not rent their properties out." Baker said this was addressed by covenants on buildings requiring owners to rent out on a short-term basis to make sure there were “warm” beds in the village. "That's the very thing they are trying to prohibit now. They were afraid Whistler was going to be bought out by a bunch of Saudi Arabians or something who would use it for themselves and never be there and the shops would be empty. They induced people to rent out nightly," said Baker. "Now that Whistler's been a great success, they are seeking to change that. This isn't necessarily going to be a defence in the action but it does put it in context. What you are seeing is a radical change in municipal policy." One of the last scuffles between the two law firms was the Great Pacific Pumice Supreme Court case against Squamish. The pumice mining company wanted to stockpile, crush and distribute its Mount Meager booty from land within the Squamish area against the wishes of council. "We won that one. It's under appeal right now," said Baker This time round, however, Whistler will foot the battle bill. RMOW planner Mike Kirkegaard has said the municipality has budgeted between $3,000 and $5,000 for each injunction. We are hoping that once we have success with one or two of the actions the remaining ones will decide to comply," said Kirkegaard.
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  Intrawest buys reservation companyResort Reservations growing too fast for Whistler Pique – Loreth Beswetherick - August 13, 1999 A three-year-old Whistler reservations company that has done $7 million in reservations business compared to the Whistler Resort Association’s $10 million, has been snapped up by Intrawest for an undisclosed amount…. President of Resort Reservations Whistler, Stan Sprenger confirmed the sale. He said he now has immediate plans to triple operations and is planning to hire a staff of 60 to handle reservations…. He said he will operate two distinct divisions: one that sells Whistler and one that sells Intrawest vacation packages…. Sprenger will maintain a marketing and Internet presence in Function Junction but he will move his reservations staff out, possibly to North Vancouver…
…The Whistler-Blackcomb web site is just one small part of a $6.5 million, five-year deal inked between Intrawest and TELUS late last month. Together, the communications company and Intrawest will be working to develop highly-personalized web sites with e-commerce functions for each of Intrawest’s resorts and real estate developments in North America. The sites – which will be launched over the next 15 to 18 months starting with Whistler – are expected to provide a one-stop-shop capability for on-line accommodation bookings, ski pass renewals and sales, ski rental reservations, ski school registration, child care registration, retail purchases and other e-commerce features. Intrawest is also looking at the potential for selling real estate and time share properties on-line…
I was very pleased to hear the statement given on the BCTV news. The quote from Councilor Nancy Wilhelm-Morden on the BCTV news broadcast on Sunday, July 25 was: "What the issue here is not people who are renting out their house for two weeks to their friends over Christmas: the issue is putting mini-hotels in neighborhoods." I have been asking for council's direction on how I might rent my house in Whistler. Council voted on May 31, 1999 "that Council, after due consideration, does not support chalet, villa or new pension accommodation in residential areas; That Council instruct staff to continue its enforcement policy against illegal tourist accommodation." It would appear from the statement on BCTV, that in fact I could rent out my house for short periods of time so long as it does not become a mini-hotel. I am pleased that council is now taking this sensible approach to this difficult problem. Jeremy Bowman, West Vancouver
Re: 2095 Squaw Valley Crescent I was very interested to see the news on Sunday, July 25, 1999. The segment regarding Whistler rentals particularly interested me. Councilor Nancy Wilhelm-Morden stated publicly that this issue of short term rentals (i.e. two-week periods over Christmas and New Year) is not a particular concern to the municipality but that there is a greater concern over placing mini-hotels in existing residential areas. Would mayor and council please communicate with me on this issue as I have a "cease and desist" order effective May 1999 (re: rentals) and need clarification on this point immediately. Patricia Ross 
Cost of legal action adding upPique - July 30, 1999 The Resort Municipality of Whistler has launched 12 legal actions against homeowners who rent their properties on a nightly basis in areas zoned exclusively for residential use. Of those 12 actions, some are against people who have multiple properties being used for short-term rentals. Council has, to date, given approval for the municipality to file injunctions against a total of 27 properties. The owner of one of those 27 properties has since agreed, through a consent order, to comply with the zoning bylaw that prohibits rentals for a period less than four consecutive weeks. The bylaw also stipulates that any rentals beyond four weeks must be to tenants who live in Whistler or are Whistler employees. RMOW planner Mike Kirkegaard said the municipality has budgeted between $3,000 and $5,000 for each injunction. That means the 12 injunctions filed to date will set the municipality back between $46,000 and $60,000. "We are hoping that once we have success with one or two of the actions the remaining ones will decide to comply," said Kirkegaard.
After reading about the municipality's lawsuits against people who rent out their Whistler homes, I feel I must voice my concerns as a homeowner and taxpayer about the direction this council is taking regarding Bylaw #303. This parking bylaw was amended (in 1983 I believe) to make short term rentals illegal. The intent of this amendment was to enforce the parking problems associated with large Club Cabins. It was never intended to stop all short-term rentals, otherwise it would have been enforced. Now council has amended this bylaw again to make all long-term rentals (over 28 days) illegal if the rental is to a tourist. What the intent here is I don't know. I do know that it is blatant discrimination. This effectively says to all Whistler homeowners that it is illegal to rent your home and I feel that this is fundamentally wrong. All of a sudden it has gone from a bylaw issue to a basic human rights issue. I feel that I should be free to rent my home to whomever I choose for as long as I choose. If the tenants cause problems then, and only then, should the bylaw department be called. Now Council has instructed the Bylaw Department to aggressively enforce this by-law. If Bylaw #303 is to be enforced it will have to be enforced for every homeowner. No partial enforcement is fair. This creates more problems than it solves. Problems:
I also heard Councillor Kristi Wells on the radio the other day and I was absolutely disgusted with what she had to say. Being "pro-active," Kristi, is eliminating problems before they happen, not creating more problems. Being pro-active is studying other ski resorts to see how they handle short-term rentals. Municipal staff has done this and then council has ignored their findings. Aspen, Vail, Breckenridge, Park City, Steamboat Springs and Telluride all allow nightly rentals. Being proactive is listening to both sides of the issue. Council has heard from the Bed and Breakfast Association and listened to them, but hasn't yet heard from the hundreds of homeowners who would like the same opportunity to rent their homes. Indeed council didn't even have the guts to put that issue on the regular council meeting agenda because they knew they would be swarmed with angry homeowners, including many who have spent a lot of time and money complying with municipal guidelines. I was really angered when she stated that it would only cost $3,000 to $4,000 for each lawsuit. There is a potential of 500 to 1,000 lawsuits here. That is a lot of taxpayer's dollars. It's not pro-active to prosecute the people that voted you into office and pay your salary. I think it's time we heard from Mayor O'Reilly on this issue. This is an issue that affects hundreds of homeowners in Whistler and will be the major issue in the November municipal election. When it comes to "tourist accommodation" in the Resort Municipality of Whistler the mayor can't have a conflict of interest. He either has to show some leadership and deal with this situation or resign. Come on Mayor O'Reilly, let's make some positive moves that benefit the whole community.
Fenton Doyle, Whistler WRA
forecast shows better times aheadVisitors numbers expected to rebound after poor start Pique - July 23, 1999 Whistler Resort Association numbers for May and June show what retailers and restaurateurs already knew: business sucked. The WRA recently released occupancy numbers for the summer to date, which showed overall room nights sold for may and June were down 7 per cent from the same period last year. The weather was blamed for the decline. However, the WRA forecast for the entire summer - May through October - is for an increase in room nights sold over last year. The forecast also shows an occupancy rate of 45 per cent, compared to 43 per cent last summer, even thought the resort's room inventory has increased by 7 percent this year. The WRA's forecast for July, August, September and October show between 9 and 15 per cent increases each month over the same month last summer… …Booking through
the internet is gaining in popularity, increasing from 3 per cent to 7 per cent of booking
last winter, with 14 per cent of California and Washington visitors using the internet to
book a vacation…
…The WRA's forecast for the winter of 1999-2000 shows an 8.5 per cent increase in overall room nights sold, but with the Westin hotel opening up the occupancy levels for the winter are only expected to increase 1 per cent, from 63 to 64 per cent. Winter bookings through the WRA's central reservations office are already up 10 per cent from what they were at this time last year. In future years, the annual occupancy level is expected to continue at approximately 55 per cent (mid-40s in the summer; mid-60s in the winter), and the number of room nights sold is expected to increase steadily, topping 1 million for the first time in 2000-2001.
Legal action beginsQuestion - Patricia Wheeler - July 20, 1999 Keeping true to its word, the Resort Municipality of Whistler continues to crack down on "illegal" tourist accommodation. The controversial issue reached a new level last week as the municipality filed four legal actions against operators of "illegal" tourist accommodation facilities in Whistler. The municipality is seeking permanent injunctions to stop the temporary rentals. Some estimates are that upwards of 60 homes in Whistler are being rented out in contravention of municipal bylaws. The legal actions filed last week by the municipality cite 11 Lower Mainland residents who own six homes in Whistler. The municipality claims these six homes are being used for tourist accommodation without proper zoning. There could be additional legal action against such operators who fail to cease their operations. Municipal council voted in early June to implement a policy adopted May 31 that states that council does not support chalet, villa or new pension accommodations in residential areas… Council should scrap TA zoning and issue licenses, say operatorsQuestion - Loreth Beswetherick - May 7, 1999 The May 1, 1999 deadline for "illegal" tourist operations in residential areas has come and gone but operators who have complied with council's crackdown and signed the cease and desist orders still don't know where they stand. Council decided to shelve the whole tourist accommodation imbroglio for six weeks at their April 19 meeting and rethink their policy of rezoning properties for commercial use in residential neighborhoods. Their decision was prompted by a heated public hearing for six rezoning applications April 12. Instead of speaking to the individual applications, most residents at the meeting were critical of the policy in general. One operator, who was among the first in line to comply with the new TA policy adopted in March last year, said if council does a complete about face and does not allow TA use in residential areas at all, he will sue. Jeremy Bowman's Whistler Cay application was before council for 90 minutes at the hearing and bore the brunt of the attack on policy. "If they say they are only going to do it in neighborhoods near the lifts or something of that nature, then in my opinion council has acted negligently and I personally will be prepared to spend the money and go to the Supreme Court." said Bowman who has been renting his home on a nightly basis for the last 10 years. "This whole process has been very costly, very painful and very time consuming." However, Bowman and several other operators welcome the possibility of moving away from rezoning and think issuing limited licenses is the answer. "In a way I was very pleased," said Whistler Chalet's president Patrick McCurdy of the move to shelve the issue. "I think councilors are realizing what they planned originally may not be the route to go." McCurdy sees zoning as appropriate for purpose-built business. "But when you are thinking about a villa or a homestay where the impact on the surroundings would for the most part be fairly minimal, licensing would be a very nice option." He said licenses can be rescinded if operators don't reform to standard. He said the licenses should be transferable. "If the successor meets the criteria of the original operator, there isn't any reason to deny them…like one driver of a taxi cab to the next when they sell the cab." McCurdy said licensing wouldn't devalue neighboring properties the way rezoning would. Gord McKeever who runs Rainbow Retreats Accommodations said the permanence of zoning is scary. "Some kind of licensing system would be the best way to go….by making licenses revocable, you would also have a clear trail of accountability." McKeever, however, feels the license should be non-transferable to help eliminate the property value impact. Bowman also said licenses would be his recommended course of action. "I think they should be given for a five-year period with a one-year grace period within which to reapply." He said upon reapplication, council could take into account any complaints from neighbors. Bowman said licenses should be against the property. "If I have got a business going and it is working and it is successful, why shouldn't I be able to sell that business," said Bowman. McKeever said he is not dead set on running businesses in residential neighborhoods. He is only concerned that an inventory is maintained in Whistler and the market is not shut down. McCurdy said he feels the mix of commercial and residential - a concept favored by planner Eldon Beck - is an exciting one. He said not all problems are attributable to short-term rentals. One thing everyone wants is an answer. Both Mc Curdy and Bowman said those operators who entered into the rezoning process in good faith should be given temporary permits for 12 months so they can continue doing business while the muddle is sorted out. Resort
sets record for room-nightsPique - April 30, 1999 In addition to record snowfalls and record skier visits, the month of march was an all-time high for room-nights sold in Whistler - a 25 per cent increase over the same month last year. Statistics released by the Whistler Resort Association show 83 per cent occupancy for the month of March, 12 points higher than the occupancy rate in March 1998. The forecast for room-nights sold over the whole winter shows a 23 per cent increase over last winter. And the summer forecast is for a 13 per cent increase over last summer. The WRA does not release actual numbers of room-nights sold. However, with all the new hotel rooms built in recent years a significant downturn in the overall occupancy rates was expected for several years. The WRA reports the largest growth in business this winter was from the U.S. market, which is up 57 per cent year to date. The majority of American visitors are from Washington and California, but significant increases have been recorded from the mountain states as well as the Midwest. Canadian visits are up 11 per cent this winter, with notable growth from Ontario and Quebec. Germany and the Netherlands have shown significant percentage increases in visits, but he U.K. remains Whistler's strongest overseas market. TA
rezoning applications in limboCouncil votes to shelve applications for six weeks while zoning policy is re-examined Question - Loreth Beswetherick - April 23, 1999 Outcry over tourist accommodation zoning in residential neighborhoods at last week's public hearing has councilors re-thinking their policy. Instead of voting on any of the eight TA items on Monday night's agenda, they instead voted to shelve the whole TA imbroglio for six weeks until they figure out what they are going to do with the process they adopted in March last year. There were six applications due for consideration for third reading Monday - all of them were subject to last week's public hearing - and two more applications up for first and second reading. In terms of the new TA enforcement policy, commercial tourist businesses that are in violation of residential zoning have until May 1 to shut down unless they have applied for appropriate zoning. Those not in compliance have been told they could face legal action and the RMOW has budgeted for such action. The policy treads a fine legal line between legitimizing illegal operations and phasing them out. But, councilors are beginning to think the process may be flawed… ResortQuest now controls more
than 50 per cent of Whistler's townhouse and private home rental marketProperty management company acquires Crown Resort Accommodations Question - Loreth Beswetherick - April 20, 1999 Resort Quest International, the U.S. based resort property management company that acquired Whistler Chalets in May last year and Whistler Exclusive Property Management in September 1998, has announced another notch in its Canadian resort belt. The company has acquired Whistler's Crown Resort Accommodations which has management contracts with Coast Hotels and Resorts… …"The Whistler purchase provides us with added depth in a market where we already have a strong presence and brings our market penetration to more than 50 per cent of the area's townhome and private home rentals," said David Sullivan, ResortQuest chairman and CEO… …The company went
on-line in February this year offering what it promises will be powerful Internet booking
service for it's inventory of privately-owned rental homes and condominiums.
Ten TA operations to face litigationQuestion - March 12, 1999 Up until the month of January, council had given authorization to pursue litigations in residential areas. According to the activity report presented by the bylaws department to council at the last meeting, 145 tourist accommodation files have been opened, 104 new packages sent out to date, 47 signed operators' agreements returned, 37 second letters sent out and 38 files closed. Those who continue to operate without having applied for proper zoning after May 14 this year will face legal action. TA issue
continues to spark controversyQuestion - Patricia Wheeler - March 5, 1999 Tourist accommodation continues to be a hot topic in Whistler, with municipal councilors and members of the community often split on the issue. The first four applications for tourist accommodation (TA) rezoning were before council Monday night, with three of the four receiving third reading. The Spruce Grove Circle application was the only one to be defeated… …Last year, council implemented a new tourist accommodation policy for residential neighborhoods that would limit the number of legally-zoned TA uses to 15 in each, with no more than five per cent of the total residential units per neighborhood allowed for TA use… …"I think we have to remember it's the neighbors pitted against each other, frustrated with a lack of enforcement, who started this in the first place," said Wells. More
Whistler accommodation onlineQuestion - Loreth Beswetherick - February 26, 1999 ResortQuest International - a group of 12 property management organizations throughout the U.S. and Canada including Whistler Chalets - is taking booking on-line… …The company has announced what it promises will be a powerful Internet booking service for its more than 14,000 privately-owned rental homes and condominiums. "The dramatic rise in the use of the Internet by consumers to purchase travel, particularly lodging and accommodation, demonstrates the key role of technology in contributing to the future growth of our company," said David Sullivan, chairman and CEO of ResortQuest. "Within the next few years, ResortQuest anticipates the Internet will drive more than one-third of the company's revenues. We plan to remain in the on-line forefront by continuing to provide worldwide access to our vacation rentals." ResortQuest.com (www.resortquest.com) allows consumers, worldwide to make reservations on-line, check availability and rental rates for the vacation rental of their choice as well as view interior and exterior photographs and floor plans for most of the lodging accommodations located throughout its resort destinations……The site also offers real estate listings for vacation properties. The ResortQuest announcement follows IRIS the Whistler Data Corporation's Internet Reservations and Internet Sales system launched last year. IRIS offers an advanced reservations system for a portfolio of Whistler properties including the Delta Whistler Resort, the Delta Village Suites, Powder Properties and Pinnacles International. Whistler Data Corporation president Frank Franchini said his system enables guests to book accommodation of their choice on-line while the hotels in turn can access the web site (at www.whistler-ca.com) and update information such as rate changes or availability any time by using a separate administrative area not visible to guests. That area is protected by user ID. ResortQuest quoted Forrester Research as saying the Internet travel market is expected to grow from $3 billion in 1998 to $29 billion in 2003. The hotel industry is expected to derive 12 per cent of total revenues from Internet purchases by 2003 and the vacation rental lodging segment will grow to command more than a five per cent share of the market in the next four years… Creekside plans
modestPique - February 19. 1999 Activity at Whistler Creek this summer will be limited to phase I of the creek reconstruction, Doug Ogilvy, Vice President of Intrawest's Resort Development Group, said this week. Phase I consists of catch basins, which are designed to trap debris, up the creek above the skiers bridge, a new skiers bridge, and armoring the creek channel down to Lake Placid Road. It will be the summer of 2000 before stream work is completed across Highway 99. "We have the Comprehensive Development Strategy that's going through review, a technical analysis by staff, and we're working with the ministries of Fisheries, Environment and so on," said Ogilvy. "And we still have to go to council for first and second reading." Ogilvy said it will be the summer of 2000 before work begins on a replacement for Dusty's, the venerable bar at the Creekside base of Whistler Mountain. Intrawest unveiled its entire plan for the Creekside area, including the final phases of Taluswood, a new subdivision above Bear Creek and a subdivision with some employee housing and a school site south of Millar's Pond, last spring. Initial plans called for work to begin on floodproofing Whistler Creek itself last summer, with real estate development to follow beginning this summer, but those plans proved too ambitious. A softening real estate market helped to dampen enthusiasm. Development of the Spring Creek subdivision, south of Millar's Pond, is likely still some time away. "We can't start anything there until the Comprehensive Development Strategy is finalized," Ogilvy said. Mountains plan
cable car to link Roundhouse with RendezvousEuropean manufacturers say tram between mountains is "do-able" Question - Loreth Beswetherick - February 19, 1999 A cable car linking Whistler's Roundhouse with Blackcomb's Rendezvous is in the cards for the mountains. And no, it's not an April Fool's ruse. This time it's true - the link between the two mountains was mapped as a potential new lift as part of Whistler/Blackcomb's five-year forestry plan presented at the Ministry of forests; open house for the Squamish Forest District at Whistler Conference Center Tuesday. "There are several systems we are looking at," said Arthur DeJong, Whistler/Blackcomb mountain planning and environmental resource manager. "Basically it will be two cars…something like the Grouse Mountain System."… Resort set
all-time record for room nights sold in one monthPique - Amy Fendley - February 12. 1999 It used to be that January was a relatively slow month for Whistler, a bit of respite between the busy Christmas and spring break seasons. Not any more. January 1999 marked the first time in Whistler's history the resort has sold more than 100,000 room nights in one month. The previous record was in March of last year, when the resort sold 99,000 room nights. The record January room nights were a 29 per cent increase over the same month last year. And numbers released last week by Whistler/Blackcomb show skier visits to date are 18 per cent ahead of last winter's record total. "It's phenomenal growth," said Barrett Fisher, vice president of marketing for the Whistler Resort Association. "The exciting part is that January 1999 was the busiest month ever in Whistler's history."… Villa rezonings sail through public hearingsPique - February 12, 1999 After years of sometimes rancorous debate regarding tourist accommodations in residential neighborhoods, the first three rezoning applications for villa or chalet-style accommodations, and one for a bed and breakfast, sailed through public hearings Monday night… Public
hearings for TA rezonings wrapped up in under one hourResort versus community central to debate over tourist accommodation in residential areas Question - Loreth Beswetherick - February 12, 1999 Only two people got up to make presentations at Monday night's public hearings for four tourist accommodation (TA) rezonings. The hearings were the first in a series due to dominate the council agenda over the next couple of months as the May deadline approaches. Anyone running commercial tourist operations in residential areas after May 1999 will have to shut down or face legal action… Intrawest sell-out sets real
estate recordsCopper core buildings snapped up in less than one day Question - Loreth Beswetherick - February 12, 1999 It took only seven hours to sell 140 mountain homes totaling $53 million U.S. That is what Intrawest achieved Saturday when the corporation sold-out three still-to-be-built buildings which will form the core of its new village at Copper Mountain Resort in Colorado. According to the corporation, this is the largest one-day sale of resort real estate in North America as well as the first time three village building have been launched in one day. "Saturday's success is unprecedented in real estate and resort development," said Gary Raymond, president of Intrawest's Resort Development Group… |
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Whistler Accommodation Network |
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