Both sides of Mandalay shores short-term rental dispute court ruling claim victory

Homeowners to meet 10 Am Saturday, Jan. 7 at Oxnard Performing Arts Center

By George Miller

The battle over whether short-term residential rentals should be permitted is raging all along the California coast and has gotten far worse since on-line rental services have boomed. Investigations into feasibility of banning or severe restrictions by cities such as Oxnard have shown that the CA Coastal Commission has come down in favor of rentals. This was done in the interest of “coastal access,” although with what some say are reasonable restrictions.

CASE NO: 56-2016-00485246-CU-MC-VTA CASE TITLE: Greenfield vs Mandalay

In a narrow ruling on Thursday, 1-4-17, Superior Court Judge Kellegrew decided not to let plaintiff Greenfield prevail over Mandalay Shores Community Association (MSCA), denying plaintiff’s request for a preliminary injunction on the 30 day rental prohibition established by the Association via a board vote in 2015.

Mandalay Shores 1-8-16 002

Judge Kellegrew specifically disclaimed any need for the case to be decided on the 30 days rental rule set by the Mandalay group and deferred to the Coastal Commission, although he did reinforce that various restrictions have been granted in the past.

Read: MandalayKellegrewRuling1-17. The ruling, you will discover on reading it, is rather nuanced.

Note that there is an Association meeting at 10 AM Saturday, 1-7-17 at the Oxnard Performing Arts Center, on Hobson Way. This will undoubtedly be mentioned, with various spins on what it all means.

Former Association Chair David Laufer seemed to take joy in the ruling along with current chair Deirdre Frank, per an email thread we viewed….

Court denies Greenfield’s request for an injunction. Court finds transient rentals are NOT a permitted use in the R-B1 Zone. 
Congratulations. 
David Laufer 

From Deirdre Frank:

Subject: Fwd: MSCA Court Ruling

Yes!!!!!
 

On the other hand, Association member and real estate agent Julie Pena says the ruling only denies the injunction and specifically does not get into the legality or illegality of short-term rentals. She adds that Oxnard zoning code, while it does not make provisions for STR’s, does not specifically forbid them either. We haven’t studied the code and have no view on what it says- or doesn’t say.

 

The City has created this web page on the subject: https://www.oxnard.org/str/

 

Previous coverage:

Expect a controversial Mandalay Shores Community Association meeting Saturday

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Election aftermath: Mandalay Shores Community Association power struggle

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Trouble in paradise: Combative meeting anticipated for Mandalay Shores Community Assoc Saturday 1-9-15

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NOTICE: California Coastal Commission ready to fine Community Association over Short-Term Rental ban

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Oxnard holds Short-Term Rental community meeting

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No Right to Rent? Cities barring property owners from renting out

No Right to Rent? Cities barring property owners from renting outEditor’s note: This has also been a big regional issue, especially in the beach areas: Silverstrand & Hollywood Beaches, Mandalay Bay/Seabridge/Westport, Mandalay Shores and Pierpont Beach and of course Ojai, referenced in the linked article. Homeowners, beware. Property rights advocates say the right to rent is being threatened at the local government level, as cities across […]


George Miller is Publisher of CitizensJournal.us and a “retired” operations management consultant residing in Oxnard


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