Practitioners selling real estate should keep this in mind: A single-family home or condo unit next door to a short-term rental — where the occupants change every few days — will take longer to sell and bring in lower offers. You never know who your neighbors could be, and that’s a classic situation of property stigma. In the future, real estate agents could be required to disclose to a seller or long-term renter the existence of a nearby STR. The California Association of REALTORS® may soon ask its Forms Committee to add a question to the Seller’s Property Questionnaire: “Is your home across from or next door to a short-term rental?” If agents fail to disclose nearby STRs they know about, they could open themselves up to a lawsuit by unhappy clients who end up living next door to one. The real estate industry needs to take a stand to protect residential zoning laws against STRs. Without this protection, property values will decline and cause neighborhood stress and disruption. Real estate agents will have another obstacle to overcome in marketing properties and could expose themselves to liability. Saving our communities and protecting our property values is the mission of our industry. I have worked hard as a real estate broker to pay for my home of 29 years. I did not buy in a transient motel zone and do not believe that the profit motives of these short-term rental companies and a few property owners should be allowed to negatively impact my home’s value, peace and quiet, and safety.
Recap: Short Term Rental owners Richard Jackson, Lisa Jackson and Kathleen Woodall filed a lawsuit against Janice Cox and Helen (Pipper) Ramsey to prevent the Amendment to the Deed Restrictions from being filed in Section 3-1 in Point Venture. The lawsuit claimed Cox/Ramsey had violated the deed restrictions by not giving everyone 30 days notice and not getting a recommendation from the ACC to amend Section 3-1 Deed Restrictions.
***Friday December 8th 2017 Judge Wong ruled that Cox/Ramsey did not need to give 30 days notice nor did they need ACC approval to amend Section 3-1 deed restrictions. The Temporary Injunction was dissolved against the defendants Cox/Ramsey.
***Monday December 11th, 2017 The Amendment to Point Venture Section 3-1 Deed Restrictions were filed requiring a minimum rental duration of 90 days in Point Venture Section 3-1.
***December 28, 2017 Kathleen Woodall paid Janice Cox & Helen (Pipper) Ramsey a settlement to withdraw from the lawsuit she joined with Richard and Lisa Jackson against Janice Cox and Helen (Pipper) Ramsey.
***The Jacksons appealed the dissolution of the Temporary Injunction by filing a Writ Of Mandamus in the Third Court Of Appeals.
***January 12th 2018 The Writ of Mandamus Appeal was dismissed as Moot.
***The Jacksons then filed an Interlocutory Appeal in the Third Court Of Appeals.
***February 14th, 2018 Jackson's list their STR on Peckham Dr. in Point Venture TX for sale.
***August 3rd 2018 The Third Court Of Appeals rendered judgement denying the Jacksons Interlocutory Appeal and ordered the Appellants (Richard & Lisa Jackson) to pay all costs relating to the Interlocutory Appeal, both in the Appellate Court and the court below.
*** September 7th 2018 Richard & Lisa Jackson sell their STR on Peckham Dr. in Point Venture, Texas.
***December 27th 2018 Richard and Lisa Jackson paid a settlement to Janice Cox and Helen Ramsey ending the lawsuit Richard & Lisa Jackson filed againt Janice Cox & Helen (Pipper) Ramsey.
Recap: Short Term Rental owners Richard Jackson, Lisa Jackson and Kathleen Woodall filed a lawsuit against Janice Cox and Pipper Ramsey to prevent the Amendment to the Deed Restrictions from being filed in Section 3-1 in Point Venture. The lawsuit claimed Cox/Ramsey had violated the deed restrictions by not giving everyone 30 days notice and not getting a recommendation from the ACC to amend the Deed Restrictions. Friday December 8th 2017 the Honorable Judge Wong dissolved the Temporary Injunction he granted in March of 2017 preventing Cox/Ramsey from filing the amendment. Friday December 8th 2017 Judge Wong ruled that Cox/Ramsey did not need to give 30 days notice nor did they need ACC approval. The Temporary Injunction was dissolved against the defendants Cox/Ramsey. The Jacksons appealed the dissolution of the Temporary Injunction by filing a Writ Of Mandamus and an Interlocutory Appeal in the Third Court Of Appeals. The Writ of Mandamus Appeal was dismissed as Moot On January 12th 2018. On August 3rd 2018 The Third Court Of Appeals rendered judgement denying the Jacksons Interlocutory Appeal and ordered the Appellants (Richard & Lisa Jackson) to pay all costs relating to the Interlocutory Appeal, both in the Appellate Court and the court below.
To read all court documents follow the links below.
Trial Court: http://deed.co.travis.tx.us/ords/f?p=105:52:0::NO::P52_CASE_ID,P52_PARTY_NUMBER:1263499,3523547
Third Court Of Appeals. Jackson's First Appeal (Writ Of Mandamus) details may be read here: http://search.txcourts.gov/Case.aspx?cn=03-17-00849-CV&coa=coa03
Third Court Of Appeals, Jackson's Second Appeal (Interlocutory Appeal) details may be read here: http://search.txcourts.gov/Case.aspx?cn=03-17-00846-CV&coa=coa03
Recap: Short Term Rental owners Richard Jackson, Lisa Jackson and Kathleen Woodall filed a lawsuit against me (Janice Cox) and Pipper Ramsey to prevent the Amendment to the Deed Restrictions from being filed in Section 3-1 in Point Venture. The lawsuit claimed we had violated the deed restrictions by not giving everyone 30 days notice and not getting a recommendation from the ACC to amend the Deed Restrictions. Friday December 8th 2017 the Honorable Judge Wong dissolved the Temporary Injunction he granted in March of 2017 preventing us from filing the amendment. Friday December 8th 2017 Judge Wong ruled that Janice Cox & Pipper Ramsey did not need to give 30 days notice nor did they need ACC approval. The Temporary Injunction was dissolved against the defendants Janice Cox & Pipper Ramsey.
See Defendants Janice Cox and Helen (Pipper) Ramsey Motion To Dissolve the Temporary Injunction and The Honorable Judge Wong's Order Granting the Dissolution of the Temporary Injunction below.
The Honorable Judge Wong concluded that Article 1, Sec 4 of the Point Venture Sec 3-1 deed restrictions is silent as to notice and the procedure it sets forth is not subject to the requirement in Article IX for thirty days notice to all owners. Therefore it is ORDERED, ADJUDGED, AND DECREEED, that the Defendants Motion For Partial Summary Judgement as to Claims and Counterclaims concerning Sec 4 of Article I of the Restrictive Covenants is GRANTED.