Park Township officials admitted in emails that short-term rentals were allowed

Three Park Township officials acknowledged that there were no regulations against short-term rentals before they enforced a ban, according to documents obtained by Michigan Capitol Confidential.

Communications contradict trustees’ statements on record that a 50-year-old ordinance, never enforced until 2022, disallows short-term rentals.

The information was obtained by Park Township Neighbors, a nonprofit formed by short-term rental owners who sued the township over its attempt to outright ban all rentals.

Homeowners sued the township in 2023 over its ban, which did not grandfather in existing rentals.

The lawsuit alleges that township officials stated numerous times to prospective homebuyers and residents, in the past, that short-term rentals are allowed.

The township argued that no township officials said rentals were allowed, according to Jeremy Allen, president of the nonprofit, in an email to Michigan Capitol Confidential.

Allen provided CapCon with the township documents.

“I have had detailed conversations with all the complainants explaining that we have no regulations on the books regarding this issue,” Howard Fink, township manager, stated in an Aug. 4, 2017 email.

Fink also stated in an email from May 4, 2020,“While Short Term Rentals has been a consistent topic of conversation, there has not been consensus on how or what to regulate.”

Fink was not the only township official who discussed the lack of a regulation on short-term rentals.

Ed Devries, Park Township’s community development manager, made similar remarks in an email dated March 27, 2017, with a subject heading, RE: Short-term rentals.

“We do not have rental regulations or registration,” Devries wrote. “Holland City and Holland Township do, but you may want to consider the time and expense needed to begin that type of program.”

Emma Posillico served as the township’s zoning administrator in 2020.

She stated that same year in a July email :

“Good morning,” Posillico wrote to the township supervisor and manager in an email from July of that year. “Park Township does not have short term rental regulations — however if the property that you are purchasing is zoned for single-family residential use, then you would not be permitted to add a second dwelling unit to the property to rent out.”

Short-term rental homeowners sued the township in Oct. 2023 in The Circuit Court of the County of Ottawa. They were originally issued an injunction by Judge Jon J. Hulsing that stopped enforce the ordinance while the court case was ongoing.

During discovery, Park Township Neighbors uncovered the communications sent to the group by mistake from township officials.

Allen told CapCon during a phone call that township officials sent a large batch of documents during discovery, but some of the documents were sent in error.

The judge dismissed the case after the township amended the zoning ordinance March 2024, according to Allen.

Allen said that Hulsing had not looked at the evidence when deciding that the case was not ripe. Allen said homeowners have exhausted their administrative remedies with the township and filed an appeal.

Park Township did not respond to a request for comment.