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Short Term Rentals are allowed in Queensland according to Section 180 of the Body Corporate and Community Management Act which prevents restriction of the type of residential use. This has been confirmed a number of times by case law as exemplified by the examples below.
From Pinnacles Whitsunday [2017] QBCCMCmr 582 (24 November 2017) – ‘By-laws restricting occupation of lots to periods shorter than three months in twelve are invalid‘ under Section 180 of the Act.
From Lynkim Lodge [2016] QBCCMCmr 419 (14 September 2016) – ‘By-laws restricting occupation of lots to periods longer than three months in twelve are invalid‘ under Section 180 of the Act.
The two examples above come from the Australasian Legal Information Institute website which has Case Law for each State listed within the various jurisdictions. Searches for relevant cases can be conducted using key terms such as ‘airbnb’ in a box at the top right of the screen within all or selected databases within each state’s jurisdictions.
As an example, Qld strata cases from the year 2000 are in the ‘Qld Body Corporate and Community Management Commissioner – Adjudicators Orders’ folder.
As far as I can make out – NSW strata cases from 2014 are in the NSWCATCD (Consumer & Admin. Tribunal Consumer & Commercial Division) folder, cases from 2002-2013 are in the NSWCTTT (Consumer, Trader & Tenancy Tribunal) folder, and cases prior to 2002 are in the NSWFTT (Fair Trading Tribunal) folder. In these folders, strata cases are mixed up with non-strata cases that fall under the same jurisdiction.
