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@Whale said:I also wonder if a Plan’s Special By-Law banning short-term lets would contravene Sect 49(1) of the NSW Strata Schemes Management Act?
I asked the same question and I have been assured by eminent legal brains that by-laws forbidding short term rentals do not contravene Section 49 as it relates to buying and selling, not day to day use of the property.
Regarding my (mis)use of the term “permanent” residential, I was trying to differentiate between normal residential and commercial residential.
This is one of the grey areas where owners get into bother – why is a short-term let commercial and a long-term let isn’t? Both are being rented out for profit. The answer lies in the purpose of the rental – if it’s short-term it isn’t a residence, it’s accommodation. But the strata parasites who insist on treating out homes like hotels will wriggle through any loophole they can to protect their ‘right’ to make money at their neighbours’ considerable expense.