By Michael Walmsley
On May 24th, 2022, I was given an opportunity to present to the Huntsville Town Council regarding our community’s concerns about the proliferation of short-term rental accommodations (STRAs) on Otter Lake. At the time of that deputation, the Town had issued two STRA Licenses to the owners of cottages on our lake.
I asked Council to please put a stop to the further issuing of licenses until our community and the Town could work together to address our ongoing concerns before our challenge became bigger and more insurmountable. Well, as of the writing of this commentary on July 11th, Otter Lake now has 4 licensed STRA’s with another one set for approval!
As the number of rentals has increased, so has the number of STRA By-law infractions. One particular STRA address has had five reported infractions including two for daytime burning, two for over-occupancy and one for excessive noise after 11:00 p.m. Despite the Town’s “strike rule”, (2 STRA By-law infractions by renters during a one-year period or one infraction by the owner means that the owner’s STRA License is revoked), this rental accommodation continues to operate as a licensed STRA. It certainly seems as though the STRA By-law means one thing as it’s written but a whole different reality when it comes to enforcement. Our community even convened a meeting with a By-law Officer, the councilor chairing the STRA Licensing Committee and the Town employee in charge of STRA License issuance in order to clarify the reporting procedure regarding STRA By-law infractions and to specify the types of evidence that the By-law Office requires from area residents in order to issue fines and strikes. All of the reported infractions noted above included the Town’s required evidence yet in every instance the renters were allowed to continue holidaying on our small lake. Indeed, in one instance, a Fire Official investigating a reported daylight burn at a STRA was met by the renters vehemently denying having had a fire during daylight hours (but a community member’s date/time-stamped photo of the fire refuted the renter’s lie). The STRA By-law clearly states in Section 11.1 that “No person shall hinder or obstruct, or attempt to hinder or obstruct, any Person exercising a power or performing a duty under this by-law”, yet the outright lie occurred and the renters were allowed to continue to occupy the STRA residence.
Other annoying behaviour that we have had to endure from renters these past few weeks has included incessant barking from dogs, cars exceeding the posted speed limit and ignoring the community safety signs on our private road, and a group of renters who decided to fish off the dock, catch a large number of small mouth bass (out of season and, most likely, without a fishing license), deposit the caught fish on the shore and then, after having their angling fun, throw the dead fish carcasses into the lake. These dead fish resulted in a difficult conversation that one area resident had to have with his young daughter who was in tears because of what the renters had done.
The Town openly defends the practice of issuing STRA Licenses because in their minds, without said licensing, they contend that there would be no controls on the number of “illegal” STRA’s. During a recent meeting with the mayor, I was told that the Town’s solicitors have determined that the Town may not put any cap on the number of STRA Licenses that they issue. If a person wants to operate a Short-Term Rental Accommodation, they need to fill out an application form, pass a site inspection and receive their license. By the way, if you contravene a part of the “Renter’s Code of Conduct”, don’t worry – the By-law Office seems incapable of actually “throwing any strikes”. Gosh, there do not seem to be any controls/limits on the number of “legal” STRA’s either!
The fact that licenses seem to be viewed as a form of “entitlement” for owners and agencies to operate at their own discretion and the fact that high rental fees charged to renters offer those renters a sense of “entitlement” to do as they wish (“Hey, I paid for this place and I’ll do whatever I want to do!”) appear to get lost in the Town’s interpretation of its STRA intentions.
Despite the STRA By-law stating in Section 7.2 that “The License Issuer may refuse to issue or renew a [STRA] License where: (a) there are reasonable grounds for belief that the operation of the business may be averse to the public interest”, nowhere included in the application process is there any opportunity for a neighbouring resident to voice any concerns over the operation of a Short-Term Rental Accommodation in the residence next door. In terms of zoning restrictions, it’s the Town who identifies STRA’s as a “business”, yet they issue licenses in residential areas, on the shores of fragile lake ecosystems and on private roads where the road owners are then liable for renters accessing their “vacation destination” and for owners of STRA’s, along with their rental agencies, operating their businesses on that private road!
Otter Lake is the start of the Mary Lake watershed. It is our Lake Association’s goal to do everything in our power as a community to preserve the health of our waters as they flow down into other parts of the district and beyond. We remain very cognizant of the need to practice safe septic system usage. The residences being turned into STRA “ghost hotels”, where renters operate without any supervision from the absentee landlords, jeopardize our watershed health. When Town-issued STRA occupancy limits are ignored week-after-week and renters are permitted to invite a limitless number of daily guests to share in their “vacation paradise”, the real potential for septic system overload becomes a paramount issue. The Town seems to believe that toilets are only used by overnight occupants. Where do they think people “go” during the day?
STRA’s are destroying the very fabric of our community. Residences go up for sale, new buyers pay exorbitant prices, rental agencies such as Airbnb entice these owners to “make a lot of money” by turning their new cottage into a Short-Term Rental Accommodation and the Town readily and willingly grants a license to legitimize the “business” without, seemingly, showing the resolve necessary to enforce the by-laws that they put in place to protect the community. This is what is currently transpiring on Otter Lake and, if it’s not already on your doorstep, it’s on its way!
It is time to call for the Town of Huntsville to convene a public forum so that Town councilors and employees can understand how STRA’s are undermining the lives of neighbouring residents. It is time to call for the Town of Huntsville to convene a “meeting of municipalities” in order that it can learn how other areas of the province are more successfully dealing with the proliferation of STRA’s. It is time for the whole topic of Short-Term Rental Accommodations to become a major electoral issue in the upcoming Fall Municipal Election.
Michael Walmsley is a retired Elementary School Principal and permanent resident of Huntsville and the Otter Lake community. He views watershed health and the protection of community as vitally necessary for preserving the best of Muskoka.
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To Marlene and Ralph: Two cottages on our lake rent for 7 and over 10 thousand $ per week. The cottage discussed in Mr.Walmsley’s article is rented directly. No agency is involved. It’s especially lucrative to rent under-the-table. If owners do not supervise the renters, they should not be permitted to host STRA.
If cottagers need extra income, they can rent part of their home short term, or their entire space long term. That seems perfectly reasonable to me, and in essence is what is being requested.
Also, Marlene, turning to social media is EXACTLY what people need to do to exercise their rights and democracy.
Considering some of these so called cottages are renting for $5000 a week
it’s not really cottage renting is it?
Town will do something when it’s to late. Just look at their track record!
Never mess with big money! Fingers might get burnt?
In today’s booming economy, renting out a vacation home is becoming ever increasingly more popular. As a fellow cottage owner in Muskoka, at the time of purchase, my investment was economically viable for personal use, however as Thomas Spivak had stated “…..in this difficult financial climate”, the only way I could off set the inflationary rises in property upkeep expenses is to rent it out! I don’t stand alone on this subject.
Despite the due diligences of the property owners in vetting prospective renters, you do wind up with tenants that are not ideal, and there is no way of knowing this. The fact of the matter is that most tenants are respectful, and take great care of the property, and I feel that you are painting with a very broad brush to all the other owners out there. As far as unruly guests there are stringent protocols in place to deal with any issues. Unfortunately running to the paper, or online social media is not the way to deal with such issues. Rental agencies are available 24/7 to deal with any problems that come up, or try talking to the owner to rectify any issues face-to-face.
The last thing we as owners want to do is upset our neighbours, and the community but it is imperative that there is some sort of communication rather than starting an online dispute.
You have to remember as well small communities rely on cottagers to support their businesses. Restaurants, marinas, cleaning services, grocery stores and other small businesses are all impacted by the loss of income of the renters. It doesn’t make sense to try to shut down an entire industry because of a few bad experiences. I get you are frustrated to live on a lake that has a small percentage of seasonal renters, but everyone in this forum chose to live in cottage country. Well known for cottage rentals!
Well put Brenda Laking!
No such neighbourly things will ever happen with these investors/absent landlords.
No wonder there is a housing market crisis in Ontario.
Our new neighbour’s brought over muffins to butter us up. Their next thing out of their mouth was..” oh and by the way we will be renting our new cottage…we have to…you know how much we paid for it…”
Are you kidding me!
So our neighbourhood (a tiny lake of 38 residences) has to put up with all of the issues that come with these unsupervised hotels on residentially zoned properties.
Do these money hungry people even think of the damage they are causing? Clearly they don’t care…about the neighbour’s, about the neighbourhood.. just their wallets…
Whatever happened to the good old B&B..
Time for change!!
I went on line to see the registrations for short term rentals and ones I knew for a fact that were renting and advertising were not registered with the town. I phoned and reported this and nothing was never done. . Now at our cottage in Lake of Bays township the same as above is happening there. The renters we have noticed haven’t been a problem yet. The owners that not registered are not paying the tax to the town and some are exceeding the occupant maximum. I was told only 2 people per bedroom. Not more for put out sofas. Perhaps a fine that would sting a bit could be the answer and more by-law inspection. The other thing the town could be doing investigation on AB&B or on other sites for rentals advertising to see is they are registered with the town. .
To Dan O’Rourke: yes, I heard from relatives who live in Tiny that it has quite the problem with STRs to the point that at least one family sold their home/waterfront residence because of the noise etc. happening close to them from STRs.
To Brenda Laking: I like your definition of ‘neighbour.’ ‘Some’ STRs don’t seem to fall into that definition.
To Michael Thatcher: good idea re filing a complaint with the Ombudsman Office.
We have the same problem in Tiny Ontario. Our Council refused to deal with the issue for 4 years. Now they are planning on legalizing and licensing but like Huntsville our bylaw department is woefully weak. It looks like we are headed for the same mess.
A neighbour is someone who:
* exchanges babysitting duties
*delivers your mail when the mail lady goofs up
*gives you their handyman’s phone number
*plays a game of cribbage once a week with your father
*drives you to your day surgery appointment
*gifts you their extra concert ticket
*goes to your father’s funeral and brings over food
*shares their interest in your mutual hobbies
*compliments you on your well kept yard
*exchanges their extra plants with you
*keeps an eye on your property when you are in the hospital
*shovels your driveway when your back goes out
*brings in your garbage cans, picks up the paper, and walks your dog when you sprain your ankle
*lends you an electric heater when the part for your cold furnace won’t get here until tomorrow
*helps you build a shed
*recalls memories of your kids growing up together (and maybe provides you with a son-in-law or daughter-in-law)
*catches you up on the latest gossip over a cup of coffee.
Somehow I cannot see an absentee landlord of an airbnb or boarding house doing any of these things.
If you go to the town website you will find a map of the short term rentals in the town. It is updated by staff on a by need basis. There are 163 units that are licensed (green dots), 44 under review (yellow dots), 4 expired, and 3 cancelled. It is anybody’s guess as to how many are not licensed.
When we moved here 31 years ago, it was made abundantly clear we were not to start a business in our home in this subdivision of single family homes. Today, of the first 15 homes on the street, 7 are no longer single family homes.
A neighbourhood is created by the actions of good people who value compassionate relationships with the people surrounding them, their “neighbours”.
This short term rental crisis is more than concerns about smouldering fire pits, obnoxious outdoor lighting, large noisy parties, sewage polluted waters, and piles of garbage. It is about community. Every time a single family home is sold to a business entity under the guise of providing housing, another nail is hammered into the coffin of a neighbourhood.
Neighbourhoods are being destroyed. Fred Rogers said “All of us, at some time or other, need help. Whether we’re giving or receiving help, each of us has something valuable to bring to this world. That is one of the things that connects us as neighbours – in our own way, each one of us is a giver and a receiver.” Won’t you be my neighbour?
Michael is right, the local council is very wrong to allow it, much less legalize it. But if they want to rezone all lakefront as commercial zoning with a higher mill rate, that would be fair and no one would end up with their home and children surrounded by overcrowded hotels with strangers staring at your family across the lot line, and in some cases sharing your driveway.
These vacation rentals have removed most of the rental housing from the market in Muskoka. I was evicted from a home where my family has rented for 20 years and if I wasn’t able to afford to build, it would have meant a new province for our family. We hunted everywhere, there is nothing. The market has changed, we need to both adapt and find a solution to these problems!!
The Ontario Ombudsman’s Office is responsible for ensuring that Town’s and municipalities are acting in accordance with thier bylaws and regulations. I would recommend filing a complaint with this Office as they will investigate the issue.
Unfortunately everyone pays for the bad apples. There have been rentals of cottages for years. When I was 9 we rented cottages. There will always be disrespectful people there everywhere. We have an air bnb and were on site to make sure none of this happens. We are retired and do not recieve enough cpp to live on. Unfortunatly we can not survive without doing this. We have had the pleasure of neighbours who were jealous of our income and tried to cause trouble for us. The bad apples are sometimes on both sides of the fence.
I live across the lake from the author, near the home where I have witnessed week after week violations on the lake. The owners two weeks ago had their children party blow soap bubbles into the lake. The men’s party throw their beer cans in the lake – you can see them when kayaking over them. I witnessed the dumping of dead, immature fish in the lake. No one has licenses because fishing during spawning season is not allowed in any case. Shooting fireworks after midnight is another favourite of visitors which is highly toxic and disrespectful.
The previous homeowners were going to list with a reputable agency that would have limited the number of guests to 5, in accordance with the tiny, outdated septic system. These owners are circumventing such agencies. Last week there were about 15 guests. I believe this is a real reason why homeowners are so disgusted and are selling.
I cannot comprehend the inaction on the part of our government. This is not just a discussion about shade and rock in Kent Park. It’s affecting the lives of homeowners that have lived there for decades and care deeply about their pristine lake and lifestyle.
Short term rentals have no place on a two km lake. Let’s shut them down.
Thank you Mr.Walmsley for representing us.
It’s unfortunate that all short term rentals are getting painted with the same brush.
Many of these are well managed and serve to protect the viability of cottagers being able to keep their cottages in this difficult financial climate. If the town perhaps loosened up the restrictions on what type of structures can be used then maybe it would take the pressure off some of the other areas that are having problems. Or restrict them to structures that are being monitored at all times?
Well done, Michael! Your commentary clearly and concisely highlights the many reasons that owner-absent STRA’s should be banned in residential neighbourhoods and, especially, from Waterfront properties. Unlike traditional bread and breakfast rentals which are run from a house in which the owner lives, and therefore thee Ed owner has control over the selection of renters and their behaviours, STRA’s are exactly the opposite. I live on the same lake as Michael and can attest to the atrocities perpetrated by renters. In our experience, lying comes easily, so we are careful to collect useable evidence to back up our claims of infractions.
One of the MOST deplorable elements of STRA’s, harmful to our lake community in every way, is that overnight renters may invite an unlimited number of guests to the cottage. That means, in essence, that it was pointless for the Town to set a maximum number of overnight renters per cottage. Most of our resources are used during daytime hours. The lake, which we consider our backyard, is overcrowded and overused when the sun shines, not in the dark of night.
Michael’s suggestions for a Town Hall meeting, and having the Town liaise with other towns and municipalities who have, or are, grappling with this issue, is bang-on.
I am at this time waiting for a response to my most recent letter to the Town on this same matter.