Wainfleet Association of Responsible STR's Announces Wainfleet Homeowner Fined $20,000 Despite Compliance
- Written by Newsfile
September 01, 2024 8:00 AM EDT | Source: Wainfleet Association of Responsible Short-Term Rentals (STRs)
Wainfleet, Ontario--(Newsfile Corp. - September 1, 2024) - Wainfleet Association of Responsible STR's announces the Township of Wainfleet's enforcement of its Short-Term Rental (STR) bylaw has taken a troubling turn, as property owner Samantha Brace finds herself at the center of a bureaucratic nightmare, facing a $20,000 fine despite her efforts to comply with the law. The situation has been compounded by the Township council's refusal to engage in meaningful dialogue, leaving homeowners like Brace with few options but to fight back.
Mayor Brian Grant & Councillors Joan Anderson, Terry Gilmore, John MacLellan, and Sherri Van Vliet
To view an enhanced version of this graphic, please visit:https://images.newsfilecorp.com/files/10769/221780_29b7f3e3b4178bc1_001full.jpg
Samantha Brace and her husband Dave were fined $20,000 in April 2024, even though their property was being rented to long-term tenants at the time, as proven by a signed lease agreement. The bylaw officer who issued the fine disregarded this evidence, choosing instead to base the fine on an alleged "intent" to operate a short-term rental, simply because the property had a website.
"We updated our website to reflect that we were only offering 31+ day rentals due to the new bylaw," said Brace. "Despite this, we were fined because the bylaw officer assumed our intent was to continue short-term rentals."
In an email exchange with Wainfleet Mayor Brian Grant, Brace sought a meeting to discuss the fine, believing that there were untruths told during the process and that her situation warranted further review. Mayor Grant, however, declined to meet with her, stating that the penalty had gone through the appropriate channels and that it was now a legal matter beyond his or the CAO's ability to influence.
"I have been fully licensed since May when the second holding tank was installed," Brace explained in her email. "The bylaw officer did not believe me when I told him this before the fine was issued, and he didn't believe the tenant when he spoke to them in person. The tenant has since filed a complaint with the Township."
The Mayor's response highlighted the rigid and inflexible nature of the STR bylaw enforcement process, stating, "It would be inappropriate to discuss your penalty as this is a legal decision, not a political or administrative matter, and neither the CAO nor myself can legally alter or influence it."
Despite following the prescribed procedures, including attending a hearing to contest the fine, Brace found that the process was stacked against her from the start. The hearing upheld the fine, albeit reducing it by 50%, with the justification being the supposed intent to operate a short-term rental, even though no such activity was taking place.
"This entire experience has been incredibly frustrating," said Brace. "It's clear that the Township is more interested in penalizing homeowners than in ensuring fairness. They wouldn't even consider the facts we presented, and now they're refusing to discuss it further."
Scott William Wilson, spokesperson for The Wainfleet Association of Responsible Short-Term Rentals (STRs), expressed concern over the broader implications of Brace's story. "Samantha's experience is not unique. This bylaw and its enforcement are fundamentally flawed, and they're harming responsible homeowners who are simply trying to comply with the law. This is why our organization is challenging the bylaw in court."
Scott William Wilson, Spokesperson for the Wainfleet Association of Responsible STR's
To view an enhanced version of this graphic, please visit:https://images.newsfilecorp.com/files/10769/221780_29b7f3e3b4178bc1_002full.jpg
The Wainfleet Association of Responsible STRs has filed a lawsuit to quash the STR bylaw, arguing that it violates provincial laws. They are calling on property owners and concerned citizens to join their cause. "We need to stand together against this overreach," Wilson added. "Visit WainfleetWars.ca to support our legal efforts, join the class action lawsuit, and help us fight for the rights of homeowners in Wainfleet."
About The Wainfleet Association of Responsible Short-Term Rentals (STRs):The Wainfleet Association of Responsible STRs is dedicated to defending the rights of property owners in Wainfleet, Ontario. The organization is committed to challenging unlawful government actions and ensuring that the freedoms of all homeowners are protected.
For further information, please contact Scott William Wilson at 289-259-8059 or email info@wainfleetwars.ca.
To view the source version of this press release, please visit https://www.newsfilecorp.com/release/221780
SOURCE: Wainfleet Association of Responsible Short-Term Rentals (STRs)