Vacation rentals
Whitefish has many laws and ordinances on record, all argumentatively designed to ameliorate our community life and which we are obligated to uphold. One such ordinance is the highly debated 30-day minimum on rental properties.
Some property management companies are, all of sudden, responding to this ordinance as if it were a new revelation to them and pleading “ignorantia juris non excusat,” in plain language claiming unawareness.
It is my opinion that ignorance of the law is not a basis for exculpation. I believe that it is an obligation of the property management companies to know the law.
While we can not know all city laws, if you are involved in a business, you are obligated to research all laws pertaining to your business. Alleging that you are off the hook because you were not aware does not relieve liability. If this were the case, any person could merely claim ignorance of the law and receive immunity.
The Whitefish City Council is now considering a soft landing for these businesses who have chosen to either ignore the law or have not kept themselves informed of the laws which affect their property rental businesses.
As a private citizen, one can not claim this excuse as a legitimate reason for escaping penalty from violation of set laws.
The council says they are considering a case-by-case review. In my opinion, this will lead to problems of a double standard and inequality.
The council is also considering amnesty for past violators but is willing to penalize new properties. How can this be equal treatment under the law?
Roger Sherman
Whitefish