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The terms of the planning consent of the building issued by the local authority can specify the activities that are prohibited within the scheme.
However, from the perspective of the Strata Schemes Management Act 1996 (the Act), such activities can not be restricted by the owners corporation.
Restricting short-term letting is invalid under the Act. If short-term letting is permitted under the terms of the development consent and any instrument under the Environment Planning and Assessment Act 1979, then any by-law seeking to restrict this right is invalid under s.43 (4) of the Act.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500
simone@teyslawyers.com.au
https://www.teyslawyers.com.au
