Thursday, May 28, 2020

County commissioners approve addendum to Glacier Lily Estates covenant amendment for rentals

Change allows for operation of one owner’s VRBO

By Olivia Lueckemeyer

An amendment to the Glacier Lily Estate’s Declaration of Protective Covenants restricting the operation of short-term rentals ruffled some feathers when it came across the desks of the county commissioners earlier this year, but it now seems concessions have been made to satisfy the interests of all parties.

One property owner in particular, Marc Solari, was especially vocal about his disapproval of the amendment when it was approved claiming that the regulation would put him out of business. Solari, whose property at 20 Glacier Lily Way operates as a short-term rental through, accused the subdivision’s homeowners association of amending the covenant without his knowledge or approval.

“The people who voted for this amendment only live here two or three weeks out of the year and don’t depend on the local economy to survive,” Solari said in his comments to the commissioners at a January meeting. “They are making decisions for someone who has lived in Crested Butte for 23 years. I feel I am being railroaded without any opportunity to speak with my HOA.”

Despite his request that the resolution be sent back to the HOA for further discussion, the board approved the amendment, which had garnered the 67 percent of HOA member approval required for a covenant change. At the time, board chairperson Paula Swenson suggested that Solari attempt to rectify the situation with his HOA, since the amendment would not go into effect until January 2018.

“You have the opportunity to go back to the members of your HOA and ask them to grandfather you in and make another amendment to this,” Swenson recommended at the time. “You have plenty of time to do that.”

It appears that Solari took the advice of the board, because an addendum to the amendment permitting him to continue the commercial operation of his property was brought before the commissioners at a June 7 meeting. The addendum exempts Solari from the regulation that prohibits the renting of a residence or caretaker’s apartment for a period of less than 30 days or to a party exceeding six people.

David Leinsdorf, attorney for the Glacier Lily HOA, appeared before the board to answer any questions concerning the addendum. He explained that although the majority of owners prefer to limit short-term rentals, they found it justified that Solari continue to operate his business since he has been “short-terming for years.”

“His property is somewhat removed from everybody else’s, so they are making an exception for as long as he owns the property,” Leinsdorf explained.

The board unanimously approved the addendum to the amendment, which will take effect on January 1, 2018.

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