Three more Holmes Beach property owners will soon receive responses from the city to their Bert Harris damage claims.
The commission approved terms of the letters at a May 23 meeting.
The Bert Harris Jr. Private Property Rights Protection Act of 1995 allows property owners to seek relief if they can prove a government action lowered the value of their property.
Most of 54 claims lodged against Holmes Beach allege property value losses caused by the city’s short-term rental occupancy rule.
The letters approved May 23 reject owner claims for damages.
“We never said they could over-occupy when they turned their property into a short-term rental. The fact they did not do their due diligence is not my problem,” said Commission Chair Judy Titsworth after commissioners unanimously approved sending the “no change” letters.
Letters indicating there will be no change to city ordinances will be sent to the following:
• The owner of a three-bedroom condo at 6422 Gulf Drive, unit five, who wants to offer eight occupancies per night instead of the six allowed by city ordinance.
• The owner of the six-bedroom home at 6906 Homes Blvd., who wants to offer occupancy for 16 people versus the 12 allowed by city ordinance.
• The owner of the five-bedroom home at 204 69th St., who want occupancy for 14 people versus 10 allowed by city ordinance.
Holmes Beach has taken a hardline stance against issuing settlement offers.
The tactic could prove costly.
Commissioners have been warned by city attorney Patricia Petruff and its insurer, the Florida League of Cities, its growing liability potential could overwhelm its insurance coverage.
The city faces roughly $25 million in possible settlement liability with $1 million in annual insurance coverage.
Holmes Beach has 150 days to respond to any Bert Harris claim with a settlement offer, but has so far chosen not to negotiate with any owners. Owners then have the option to take the city to court.
The notices sent by the city have the advantage of limiting the statute of limitations to one year, according to Petruff.
The Holmes Beach approach is in contrast to the city of Anna Maria, which has settled 78 claims. AMI has extended occupancy settlement offers to claimants and relaxed its eight-person maximum occupancy rule by allowing two people per bedroom plus two additional people.
Commissioner Marvin Grossman missed the meeting while nursing a cold.
Vice Chair Jean Peelen participated remotely via telephone.
The Holmes Beach City Commission will meet next after the Memorial Day weekend at 6 p.m. June 13 at city hall, 5801 Marina Drive.