An update on my post #22.
Our EGM to consider Motions to only permit the rental occupation of Lots in the Plan under the provisions of the NSW Residential Tenancies Act (2010), and to additionally limit the numbers of adult occupants in any Lot to the numbers of bedrooms X 2 was held last night.
The Motions were discussed at length and at time quite emotionally, but with 22% of those in attendance then voting against the proposal, it was specially resolved (passed); just!
Even though I’ll now draft and Register the Special By-Law (SBL) in the terms resolved, I have my doubts about its ability to withstand a challenge at the NCAT by affected Owner/s, as even though the previous short term / holiday rental of Lots was on the basis of a “permission to occupy” as opposed to a Residential Tenancy Agreement, in my opinion our SBL will still restrict Owners’ ability to lease their Lots and thereby be in breach S49(1) of the SCMA.
On the basis of the discussions at the Meeting, any challenge will I suspect depend upon the income affected Owners will now derive from a permanent rental as opposed to from a short term / holiday occupancy.
Nonetheless I’d be most interested to receive some advice about the legality of what we’re doing.