‘It’s like it’s not our home anymore’

Rick Wagoner and his wife, Vicki, were out walking in their Cherry Log Mountain neighborhood two weeks ago when a pickup truck with Florida plates approached.

“We moved over to the side, and they just blasted us with the horn like we were doing something wrong,” said Rick, who realized the people were not locals but cabin renters.

And it’s not just the vehicles the renters arrive in that have become an issue.

“I’ve had to stop people racing around in their ATVs — they show up with them on trailers,” he said. “I stop them and ask them to slow down, and when you walk away, they say ‘Eff you’ and take off.”

Wagoner noted when they moved here 14 years ago there were very few rental cabins, but mostly primary and secondary homes. 

“The rental market has expanded so much,” he’s learned firsthand. “It’s Friday (last week), and half the cars around the mountain here are from out of state or out of town. The vast majority of people that come up here are respectful and come for the right reasons … but you still get some cabins where they get noisy.” 

Wagoner reported parties every weekend on the mountain.

“If somebody actually lived there and had one party a year, I’d say OK, we all do that,” he reasoned. “But sometimes (the noise) comes from one direction, and the next weekend it comes from another direction. People bring their four-wheelers and they (ride) all around the place, disrespectfully. 

“We almost have to change our own routines now because of all the people coming and going.”

Wagoner believes some of the rentals in their community are VRBOs (vacation rental by owner) and “you see three or four cars there for the weekend.”

“I think that’s probably the biggest issue, they’re not eliminating the number of people staying there,” he said. “A couple of years back, we counted 11 cars at one place, and they were actually even parked in the street. When they left, there were used condoms in the road and beer bottles and all sorts of stuff. You think of people going to the mountains to chill out and relax and get with nature … but my wife — who carries a bag to pick up trash when we’re walking — and I are considering looking for a residential neighborhood somewhere in Ellijay and getting away from all this.

“It’s like it’s not our home anymore — it seems to be everybody else’s.”

Ron Frost, a retiree who’s lived in Cartecay River Estates since 2014, said its homeowners association (HOA) has been proactive on rental properties. 

“There was a retired pastor and his wife who built their dream home in here,” he said last week. “A couple from Marietta started renting their house out next door to them, across the street from us. At the time our (community) covenant just said no commercial activity (allowed). We were working with the (county) zoning people and told them the situation, and zoning actually issued a citation because they were (renting out the home) without a business license. And they couldn’t get a business license without HOA approval.”

However, that approach has led to “pointed conversations” with new owners of homes by telling them renting is outside the covenant restrictions.

“I’ve told them secondly, ‘If you’re subsidizing your ability to own the house, or (handle) your financial situation from the income, you’re doing it by stealing from our quality of life.’ That went over about like a lead balloon,” he said. “It got pretty hairy in terms of animosity.”

Frost said a big concern was “never knowing who was there” at the rental properties.

“I told the owners it was a security issue for me as much as the noise,” he said. 

The retired pastor and his wife “finally threw up their hands and sold the house” last year and moved to a farm in another county, where they built in the middle of a 20-acre pasture to make sure no one could move in next to them. 

“This was not a trivial thing, because they built a custom log home on the river here … they got run off by the constant noise and commotion next door,” Frost pointed out.

When another nearby home sold to a Florida real estate agent who began renting it out, residents finally began to take action, Frost said.

“We had two rental (properties) right together, so that was enough to turn the tide a little bit,” he recalled of the movement a few years back. “The HOA formed a committee to look into changing the convenant to prevent the further growth of these activities, because no one wanted it cropping up next to their house.”

Frost divulged the HOA spent almost $5,000 in legal fees and tightened the restrictions on short-term rentals, vehicle parking and putting “teeth” into enforcing violations of the covenant. Residents also began recording party activity at rentals, and it was sent to owners, many of whom were unaware what was going on at the cabins they were renting out, either through a rental company or an off-the-books arrangement.

“In the last month or so, we’ve really gotten to where we need to be, but I feel for somebody who’s not in a situation like we are (with covenant restrictions),” Frost said. “It’s taken us four years to get here, and we’re in a subdivision with covenants. If it was just a neighbor situation, I don’t know what people would do.”

On another note, he added, “I’m still a little bit skeptical about the benefits of (lodging rentals) to the community … I think for every cabin that’s actually following the rules and paying the taxes to the county that they should be for every occupancy, I’m guessing there’s one or two who aren’t.”

Dave and Nancy Jones of the Boardtown community detailed their issues, and a possible “simple solution.”

“We came up here for peace and quiet, and we’re not getting peace and quiet,” he said. “We have a simple solution: during the day, I don’t care how much noise they make — they’ve rented, and let ‘em have their fun in the daytime. I think it would be great if the leasing companies could have a clause in the lease (that says) if you’re outside after 10 o’clock and disturb the neighbors and the neighbors call us and complain, you’ll lose your deposit.”

Dave said there are rentals every weekend during the summer in their neighborhood, but he seldom calls the sheriff’s office – perhaps just 2-3 times in the last two years. However, one rental ended up with 13 college kids staying in it, and law enforcement had to be called.

He explained a cabin rental company actually gave him the idea of putting into the lease that disturbance of neighbors would mean forfeiting the deposit.

“It’s just an inconvenience, and I understand coming up here and letting off steam,” he said. “But things are changing. A lot of people are coming up here as full-time residents, (and) we just like peace and quiet.”

Nancy Carroll-Jones said some are letting off too much steam.

“The hooting and hollering with kids screaming all day, and not just at night, is really disturbing,” she said via email. “We know people are on vacation, but I do not understand why kids have to scream all day! I don’t remember that with our family while we vacationed. 

“And every renter who comes here seems to have to bring fireworks. We have a dog that is petrified of them and we are constantly comforting her. If we move, we will make sure we are not sandwiched between two renter cabins.”

 

Example of a lease agreement 

The following three stipulations of a list of rental property leasing requirements was pulled from the public website of Blue Sky Cabin Rentals (blueskycabinrentals.com):

– Guests shall provide a guest list prior to driving directions being sent. If you are found to exceed the maximum occupancy of your cabin, you will be charged a minimum of $200 and it will be considered a breach of contract and may result in immediate eviction with no refunds or rebates.

– Each of our properties are privately owned and not built to accommodate large number of tenants. (BSCR) does not permit weddings, wedding receptions, rehearsal dinners, parties (or) family reunions.

– No drinking of alcoholic beverages by persons under the legal age of 21 is allowed in rental properties. Guests agree that if guests are arrested for underage drinking at rental properties, or if BSCR observes guests under the legal age of 21 drinking alcoholic beverages, this agreement/contract may be terminated and guests evicted with no refund or rebate at the option of BSCR. Illegal drug use is strictly prohibited.

Reporter’s note: When the owners of Blue Sky Cabin Rentals were contacted about contributing to this story, the following reply was received by text: “Thanks for reaching out, but I think we will pass.”

 

Sheriff’s office responds

Deputies handle disturbance of the peace calls to cabins and other rental properties much as they do at local properties, said Capt. Frank Copeland of the Gilmer County Sheriff’s Office.

“The first time out you’re typically telling them they have to shut the noise off because they’re bothering the neighbors,” he said. “We leave, and if they do what they’re supposed to you don’t hear back about it.”

Copeland said one local couple chose not to call the sheriff’s office back when the first response by deputies didn’t shut down the party.

“They felt like it was not that important to call back and get the sheriff’s office involved again, and that’s their decision,” he said. “But by that same token, they’re welcome to do that because that’s part of our duties. On the second trip out there, we would likely write citations for that, even though they don’t live here.

“If they get there and discover some other laws are being violated — such as underage drinking — they will handle that. There’s a spectrum of things they could do, from calling mom and dad to come get them, to an arrest.”

Copeland said the sheriff’s office feels it is “important” for visitors to come and enjoy themselves, because there are benefits to the county. 

“But our primary concern is the peace and tranquility of our citizens who live here all the time,” he said. “That is of utmost importance to us … so to ensure that those who live here all the time can pursue that peace and tranquility, we will do what we can — within the bounds of the law — so that they can enjoy that.”

Copeland was asked if there were some rental properties where officers responded more often to noise and disturbance calls.

“I’m not personally aware of any like that,” he replied. “Anywhere you have these rental cabins, you’re going to have incidences like that because people sometimes come up in large numbers to have parties, or on a holiday weekend, something along those lines, and have a big cookout or be on vacation and want to have a good time.

“But I’m not aware of any location that has recurrences of that. Our guys talk about stuff like that, but I haven’t heard any of them mentioning it.”