#24305
Millie
Flatchatter

    Hi JC

    Further to Jimmy T’s advice, here is what I received from Fair Trading:

    “An owners corporation may also consider adopting (unless it already has) Model By-Law 21 for residential strata schemes “Compliance with planning and other requirements” as provided under the Strata Schemes Management Regulation 2010.  While this model does not restrict short-term leasing, it does proibit the illegal use of a lot and restricts the numbe of occupants to a lot.  An extract of this model by-law is included below:

    (1) The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law.

    (2) The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.

    If your owners corporation seeks to adopt this bylaw, it must be approved by special resolution at a general meeting and registered with the Land and Property Management Authority within two years of its approval.”

    The link to this Model by-law is here:

    https://www.austlii.edu.au/au/legis/nsw/consol_reg/ssmr2010333/sch2.html

    I put this Motion forwarded at our 2013 AGM.  The Motion was defeated.  I’ve put Motions seeking ‘compliance with Legislation’ on all sorts of issues at our past three AGM’s – all have been defeated.  I don’t expect your Owners Corporation would be as blatant, bold and belligerent as ours in chucking all compliance issues out the window.

    Good luck!