Reply To: Strata residents dodge holiday let by-law bans

TrulEConcerned wrote:

… is such a by law “harsh” as per s. 139(1) that provides that a by-law must not be “harsh, unconscionable or oppressive” and hence ripe for a challenge?

I believe the NSW Planning thinking is that a tenant or owner has a current and ongoing relationship with the building and its residents and so can be held personally accountable when things have gone wrong (and they get back from skiing in Aspen). So it doesn’t discriminate against investors because they are not subject to community scrutiny and pressure.  But, hey, anything can be challenged and this one surely will be, one way or another.