ELDRED, NY — The Town of Highland Planning Board said it will not enforce regulations on behalf of homeowners associations.

During a July 24 public hearing on a short-term rental in the Pyne Ayre subdivision, residents said the proposed rental did not comply with the bylaws of their homeowners association (HOA).

The planning board reaffirmed that it neither supersedes nor overrules the bylaws that govern homeowners associations.

“The planning board looks at its own codes and requirements when making a determination,” said the chair, Jeff Spitz. “An HOA is a separate entity.”

Spitz said the planning board decides whether to approve short-term rentals based only on the town code and other town requirements.

“We are not the HOA nor its enforcement,” said planning board member Tim McKenna.

The applicant, Steven Rodriguez, said he and his wife decided to seek approval for a short-term rental after their lawyer found conflicting definitions of commercial uses in the homeowners association’s bylaws.

One neighbor said they objected to the rental for safety reasons, since guests do not understand boundaries during hunting season.  

Other residents from outside of Pyne Ayre complained that the trash at short-term rentals was not being properly disposed of and was attracting black bears.

The Rodriguezes said they live at the property most of the time. They have three children under nine and have no interest in introducing safety risks, they said. 

Related stories

Read these stories  for more about short-term rentals:

“Short-term rentals ‘not in harmony’ might be denied”

"Highland to enforce overlooked short-term rental rule"

“Highland debates short-term rentals for long-term plans"

“Short-term rentals balloon in Highland”