Stumped – Yes, you’re right about no minimum term being applicable to Agreements under the NSW Residential Tenancies Act (RTA), and that’s why it doesn’t apply to some types of occupancies including short-term / holiday rentals.
We’re hoping though that by requiring that all occupancies be under the provisions of the RTA that short-term / holiday rentals will be automatically precluded, that the use of the term “lease” in Sect 49(1) means one issued under the RTA, and that if the matter ever gets to the NCAT we’re not seen to be “prohibiting or restricting” Owners’ ability to lease their Lots.
As I said, it all hinges upon the monetary return that Owners involved achieve from the permanent occupancy of their Lots as opposed to from short-term / holiday rentals, and from the figures floated at the Meeting the difference is marginal (slightly favouring the former), and that just might keep me out of the NCAT.
PS – I omitted to mention that prior to the EGM I e-mailed our Insurers to ascertain what if any impacts to our Policy would arise from the short-term / holiday rental of 8/27 Lots. Their written response was that whilst we needed to advise them of that style of usage and occupation (and we then hadn’t), there would be no impacts if and until a ratio of short-term / holiday lots to the total lots in the Plan was exceeded. Interestingly our Insurers declined to reveal what that ratio was, and I gained the impression that it was somewhat arbitrary.
Whale 1330hrs 31/01