Edgartown proposal to curtail fractional ownership will come before a special town meeting in the fall.
Ray Ewing

Edgartown, Tisbury Seek to Limit Fractional Ownership

A new form of timeshare called fractional ownership has Island towns reexamining their zoning bylaws in an attempt to preserve the Vineyard’s dwindling housing stock.

A new form of timeshare called fractional ownership has Island towns reexamining their zoning bylaws in an attempt to preserve the Vineyard’s dwindling housing stock.

Edgartown and Tisbury have both recently proposed measures to curtail fractional ownership, limiting the practice to business districts and prohibiting it outright in residential areas.

The Edgartown planning board held a public hearing Tuesday on proposed amendments to the town’s existing timeshare bylaw and recommended they go to special town meeting this fall. Edgartown is the only Island town with existing timeshare restrictions so the proposed change would only amend prior language to include fractional ownership.

Tisbury voters will decide on new timeshare and fractional ownership bylaw language at their April 25 town meeting.

Martha’s Vineyard Commission housing planner Laura Silber first called attention to the phenomenon earlier this year, watching the model gain popularity in similar resort communities.

Using fractional ownership, investment companies are able to list prospective vacation homes in sought-after areas, invite individuals to purchase and share equity in the property and, in some cases, make offers significantly higher than the asking price for the home, Ms. Silber said. Those investment properties then get shared among the owners on a scheduled basis, in which each stakeholder visits for a couple of weeks out of the year.

The result, she said, is a home that functions very closely to a short-term rental but doesn’t pay short-term rental tax.

“This is a natural outgrowth of the sharing economy,” Ms. Silber said. “This is the next Uber.”

Companies such as Pacaso, Ember, and the Lifestyle Asset Group have already established themselves in vacation towns across the West coast and have started to prospect homes on Nantucket. While Pacaso brands itself as a more accessible way to enjoy luxury homes, companies such as Ember target mid-market homes that have become increasingly elusive on the Vineyard.

Lifestyle Asset Group, which currently lists several properties on the Cape, recently purchased a home in Aquinnah under fractional ownership, Ms. Silber said, bringing the issue to Island shores.

“It’s a town planning issue,” she said. “We can no longer assume that our residential areas will remain residential. Because of that, municipalities need to figure out how they want those residential areas to look.”

While Aquinnah’s planning board has not yet made any moves to define fractional ownership in their zoning bylaws, planning board administrator Sophia Welch said the board will be examining the issue alongside other housing priorities.

In Tuesday’s public hearing, Edgartown planning board chair Lucy Morrison said she was not against the concept outright but wanted to be thoughtful about how the town introduces a new variable into its housing market.

“Fractional ownership as a concept is kind of interesting and in my opinion, a cool idea,” Ms. Morrison said. “It would just crash our housing market right now.”

Edgartown resident Joan Lonergan, the lone public voice at Tuesday’s hearing, applauded the town's decision.

“We’re very pleased that it’s going forward,” she told the board after the vote.

In an interview with the Gazette ahead of the hearing, Ms. Morrison elaborated on her concerns with the model.

“[Companies] could come in with double over the offer in cash,” she said. “A normal person would not be able to compete with that.”

“It’s just not fair, so we’re trying to keep it where it makes sense,” she continued.

Tisbury planning board member Ben Robinson agreed. Tisbury, unlike Edgartown, seeks to adopt an entirely new zoning bylaw that would restrict timeshares and similar real estate models to business districts. Both towns grant exceptions to properties shared among family members, bought under trusts or LLCs, or similar cases, only restricting properties sold on the open market.

“It’s really going after the corporations,” Mr. Robinson said of the proposed bylaw.

Advertisements for fractional ownership opportunities have already popped up around the Cape, Mr. Robinson said, adding a sense of urgency to the measures. Nantucket will vote on similar bylaw language at town meeting this spring.

Oak Bluffs and West Tisbury have yet to deal with the subject but have meetings scheduled with Ms. Silber to discuss potential options.

Mr. Robinson added that while it was too early to tell what kind of presence fractional ownership could take on the Vineyard, he felt it was better to act now and revisit later.

“This is an opportunity to be ahead of something instead of behind,” he said.

Comments

Submitted by Anonymous (not verified) on Wed, 04/19/2023 - 20:08

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Jim Edgartown

Why? I guess I could be a “corporation”. I bought a house with 2 friends and a sibling. This is crazy. Got what reason exactly? The so called corporations that the town referees to pats takes most if not all keep their homes pristine. I see this is a positive impact not a negative . The folks that buy the fractional ownership spend money and help keep our economy strong. Without the tourists and short term rentals etc…. There will be no need for affordable housing… there will be no jobs seasonal or year round.

Submitted by Anonymous (not verified) on Thu, 04/20/2023 - 05:57

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Barbara Edgartown

I do not agree with this. What’s the issue here? This is a complete overreach. Why do we want to jeopardize what feeds us?? Without rentals of any form will kill our economy and precious island. I am a life long Islander. Without rentals we won’t have the jobs. Construction, retail hospitality u name it.

Submitted by Anonymous (not verified) on Thu, 04/20/2023 - 06:14

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Laurie Edgartown

I have to say this whole entire “Affordable housing crisis” is out of control. How much do we need? If we start cutting into our rental Economy we will have an abundance of affordable housing. Do we really want that??
Don’t bite the hand that feed you.

Submitted by Anonymous (not verified) on Thu, 04/20/2023 - 06:22

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Terry OB

Not one to comment. This is not a good thing. What will happen is the real estate companies will move on and take their money to a community that embraces them.
What’s next close the hotels? What’s the difference ? I don’t get it.

Submitted by Anonymous (not verified) on Thu, 04/20/2023 - 06:49

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Marion Edgartown

What about folks/ builders that buy up houses and flip them for remodel etc and make a profit? Are we going stop that too? How about people that buy houses together? I have a neighbor that 4 friends bought the house together and use it fractional time?
All this for Affordable housing??

Submitted by Anonymous (not verified) on Thu, 04/20/2023 - 12:07

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Josh B. Tisbury

So, a property that is in a trust or jointly owned by family members and/or friends would fall under this new "umbrella" description. This is massive government overreach. How should I take this? That those who were able to buy and can afford a property on their own want to limit future owners access to properties?
While some may not like what a property owner does, or even like their neighbors, this is - for now - still a relatively free market sand free society. Ownership should only be limited to those who can afford to buy and own - whether it's in a group, within a family, a group of friends, etc. As another noted, if you absolutely feel compelled to overreach then AirBnB and others are a grey area to focus on. We have enough dictatorial and monopolistic entities on island already without adding more.

Submitted by Anonymous (not verified) on Thu, 04/20/2023 - 19:25

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Business 101

Every idea to stay more affordable comes with eliminating opportunity for people other than the ultra wealthy to own. Transfer tax will boost the sales price and be impactful at the lower end. Any changes to short term rentals and year rounders will be priced out year one. Four friends that want to buy a property together is no longer to be allowed on MV? Owning real estate in an LLC is the standard way to protect your assets. The list of names at the top of the solutions looking for problems is always the same handful. These housing grabs will ultimately be the end of the MVC.

Submitted by Anonymous (not verified) on Fri, 04/21/2023 - 08:22

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Lorraine Edgartown

I am constantly bombarded by snail mail blandishments to turn my "home" into a money making project. Perhaps they mean my dwelling, which is a building, a house; a home is what one makes inside that dwelling. It is aggressive advertising and is non stop year around and from different areas of the country. I have seen neighborhoods that have been drastically changed by fractional ownership and not changed for the better. A certain loss of neighborliness is the outcome.

Submitted by Anonymous (not verified) on Fri, 04/21/2023 - 13:32

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Vet who fought for freedom MV

This is a slippery slope and picking winners over losers in the MV housing ownership market shows us how far this liberal social equity agenda has gone.

Using government tools to continue to redistribute wealth at the cost of financial ownership freedoms is a slippery slope to socialism which disregards and over regulates natural housing market forces of supply and demand.

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