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This is a quote from late 2015. It was submitted to the NSW Parliamentary Inquiry into Airbnb-type rentals. The submission was marked by the Committee Members/MPs as ‘confidential’:
“The issue of short-term letting is an important and live issue which should come under close scrutiny, especially in light of the Coroner’s Inquiry and Inquest into the death of Connie Zhang at Bankstown,”
(Assistant Director for NSW Fire & Rescue, Greg Buckley).
Please, I too have a question or three about by-laws etc.
Our Strata Agent is saying they will only provide a copy of our (updated) by-laws to Lot Owners – which we need to pass onto our incoming Tenants – if an Owner pays a $37.25 search fee. Is this legitimate?
Having just looked through the NSW Strata Schemes Management Act 2016, here are some more questions that I’ve been unable to resolve. In the current NSW SSM Act:
Where is it listed that tenants must receive a copy of the Schemes by-laws within a certain period of commencing a lease?
Where is it listed that all lease agreements/occupations must be notified and listed on the strata roll and is there still a penalty for not notifying the OC of those who are occupying a Residential Lot?
Is there still a penalty applicable for those who fail to notify the OC of those occupying the Lot and does anyone have a record of the penalty ever being applied by the NCAT?
Would the Penalty be ‘times’ the number of occupations the Owner failed to notify – ie each time a different person took occupation of the Lot?
We have many owners who Airbnb their apartments. Selecting just one: she’s been doing it for four years now, despite Land and Environment Court Orders, and has 96 Airbnb reviews. So, in theory, could another owner take her to the NCAT – the NCAT has already issued orders that STRs are NOT a residential tenancy agreement – and have her pinged for 96 times the fine for each of her Airbnb clients?
(Supposedly, would could also subpoena her Airbnb records – that would give the (much higher) exact number of clients she’s had through the building and drag Airbnb out into the open? Airbnb has been notified of this and other listings which are deemed by Council as an “Illegal Use of Premises”. Airbnb hacks do not acknowledge the correspondence.
Our Strata Agent has colluded with the short-term rental mob that controls our building for some 20 years now; they very actively act against those who seek compliance with legislation – our DA/Building Certificate/LEC Orders/NCAT Orders etc. The NCAT rejected a 1,200-page (documents) request for a Compulsory Strata Manager…To date, all contact with the NCAT has been profoundly debilitating, costly and distressing.
Any ideas folks?
Death threats and constant, ongoing attempts to litigate against those who seek to see legislation and the Residential status on our homes upheld.
At our recent AGM, such a motion proved fruitless, as has every other single motion submitted over the last six/seven years. ‘Legal advice’ has been used as the excuse not to pass a single motion:
RESOLVED THAT the motion was ruled Out of Order by the Chairperson –
legal advice … which was read to the Meeting –
as follows –
“Motion 23 has been proposed by the owner which seeks to ensure compliance with Section 258 of the Strata Schemes Management Act 2015 (SSMA). Section 258 of the SSMA relates to the provision of tenancy notices to the Owners Corporation in respect of leases or sub-leases of a lot. The purpose of the section was intended to apply to ordinary leases or sub-leases of a Lot where the tenancy would not necessarily be considered to be of a short term or seasonal variety, albeit the section doesn’t actually rule such situations out. It can be considered to have universal operation and could apply to situations where an Owner of a Lot elects to lease out the Lot for a shorter period than would typically be seen (i.e. holiday or short term rental).
The Motion purports to authorise the Owners Corporation undertaking enforcement proceedings if an Owner does not comply with the requirements of Section 258. In our view, that part of the Motion should be ruled out of order as being in conflict with section 103 of the SSMA. Where an Owners Corporation wishes to undertake enforcement action the ordinary manner of approving such action under the SSMA is for a specific resolution to be passed in general meeting. A broad based resolution such as that which is proposed is simply not in accordance with the SSMA.
We also make the comment that the Motion is not supported by an explanatory note as required by clause 4(2)(c) of Schedule 1 of the SSMA.
In our view, the Motion should not be included on the Agenda, however if it is, then it should be ruled out of order by the Chairperson exercising the discretion granted to them under clause 19, Schedule 1 of the SSMA.
Additionally, the Motion serves no real purpose other than to acknowledge the existence of Section 258 of the SSMA, which applies regardless of any motion or bylaw which may be considered and passed”.
Our Owners Corporation failed to put to General Meetings a Motion seeking approval to renovate my bathroom. Instead, they quoted $7,000.00 just to organise the paperwork to conduct an Extraordinary General Meeting. After 17-months of this I discovered that there is a system whereby one can renovate without altering any of the common property – hence, no need for a by-law. Very pleasing results and it took 7 days from go to woah with really minimum mess. There was no need to remove tiles etc.
You could also look at: https://www.wetareasolutions.com.au
Their Spapanel solution absolutely did the trick.
Good luck.
The propriety rights of owners of existing residential properties must be respected by the NSW Government.
In Residential Zones where short term tourist accommodation is not currently permitted and/or where Development Consents already prohibit short term rentals, the NSW Government should not remove the legal rights of owners.
Refer to NSW case law.
Hi JimmyT
From recent correspondence you will understand that access to all files isn’t possible at present. The NSW Ombudsman will again be approached. Will keep you abreast of news.
Suggestion:
NSW Office of Local Government, Manager, Policy, writes: “Finally, I would like to highlight that the Local Government Act 1993 (the Act) does not give the Minister for Local Government or OLG wide-ranging powers to intervene in the affairs of individual councils. Under the Act, councils are largely independent and self-governing bodies with discretions, rights and powers conferred by law. They are primarily accountable to their electors for their actions.”
The NSW Minister for Local Government: is also the Minister responsible for NSW National Parks, who seem to have ‘partnered’ with Booking.com and are renting short-term let properties. No word as to whether or not these National Parks properties meet any statutory requirements. And can’t see where this, or DestinationNSW’s massive-scale facilitation of short-term rentals has been declared anywhere. Ministers, having sought this information from us, do not respond when presented with thousands of examples.
Byron Shire Council: Seems keen to prosecute those involved in short-term rentals. They should be encouraged and helped? More NSW case law required.
Tourism Accommodation Australia: Not aware of any notification, which followed on from their 05 April 2017 “world-first agreement” with Stayz/Expedia. They do not respond to correspondence.
ARAMA/Expedia: you are correct.
MPs voting: Members with connections to/record of short-term rentals voted on the recent ‘Bill’. And you are correct; some MPs sought pairs and did not vote.
A letter was sent to all NSW State MPs prior to the vote on Matthew Kean’s Fair Trading Bill passing the lower house. The contents relied heavily on the San Francisco model, which is now legislated. Happy to share this with you.
The MPs who did vote have set aside this correspondence and voted through a Bill which contained zero detail. One MP has reportedly admitted to this.
As previously mentioned, our approach to the NSW Parliament is based on current legislation across Federal, State, Local Government matters plus Land and Environment Court case law, Residential Title Deeds, plus the legislation imposed upon and met by Bed and Breakfast/Motel/Hotel and other accommodation providers.
Owners Corporation Network: We have failed to secure any meeting with NSW State Ministers. Opposition MPs, including shadow Ministers, have advised that they have been told to pay no attention to us (and our cohort of 1,060 signatories plus their families).
The OCN is not responding to correspondence. Some OCN Members are waiting to see how (and if) their Executive will respond.
The OCN pulled support for a ‘Day of Action on Short-Term Renting’ that was registered with the NSW State Police. Might they themselves now consider and implement such a demonstration? Support would be considered to such a move.
Will the OCN consider the NSW Coroner’s Report and recommendations, issued last Friday? There is no way that short-term ‘licenses to occupy’ can meet the recommendations which the Coroner has put to Minister Matthew Kean and ‘Innovation and Better Regulation’.
Will the OCN also follow through on another NSW Coroner’s Report? It concerns the death of a four-year-old boy in a house fire at Anglers Reach near Adaminaby. The family was staying in a “holiday home…destroyed in the fire that killed a young boy and badly injured his mother”. The tragic death of that child and the report from the NSW Police was held in Queanbeyan Court. The Court can be contacted via: local-court-queanbeyan@justice.nsw.gov.au. Was the property or any of the properties reportedly used by extended family members a NSW National Parks property?
Re your comment: “Look out for a Fair Trading demand that all existing by-laws have to be put to another vote at a future AGM. They love Airbnb and will do whatever it takes to make life easier for them.” You are correct. Hence our insistence that a strata by-law – the lowest level of governance – not be the determining factor when it comes to our homes and communities.
Directly linked to the OCN’s position, will it consider a Submission (by one of its former Board Members) that was put to Parliament; the Submission is now marked “Confidential” and it contains a forensic accounting report showing exactly what it costs members of an Owners Corporations when short-term rentals are present in a building. Where buildings see DAs/Certificates of Classification/Court Orders/NCAT Orders etc all thrown away and the building overrun with short-term rentals, would the OCN considered this as “Fraud on the Minority”?
Acknowledging that no face-to-face contact with the OCN has been possible since their last-minute attendance at a meeting on 13 December 2016, which I put together and to which you also received an invitation.
Again, will be happy to share with you the correspondence sent to Parliament, in which we maintain our position and openly disclose that it is based heavily on that of the City of San Francisco’s.
All avenues have been pursued. All avenues continue to be pursued.
Why hasn’t it worked? One could volunteer a response.
NSW has legislation – excellent legislation – which lays out exactly how this situation can and has been handled to date. We are also endowed with a long line of excellent case law, courtesy of the NSW Land and Environment Court.
Three hours ago correspondence was sent to NSW Ministers in relation to the Environmental Planning and Assessment Regulation 2000. This NSW legislation is clear, plus reference was made to the fact that it very much appeared to have built upon as the result of Coroner’s Inquiries and Inquests. Two hour ago that correspondence was followed up with details of another Coroner’s report dated yesterday, which had just come to hand, which made specific reference to the Act mentioned above. Minister Matt Kean and his Department of Innovation and Better Regulation have been sent a clear message yesterday by the Coroner.
All this has just been passed through to a forum currently underway in Byron – NSW Residents there can check with Councillors and local campaigners when their session today finishes. Professor Nicole Gurran from Sydney University is helping them with data and also presenting at the forum.
Residents of NSW should feel a sense of relief that our legislation is so excellent. The word is “should”. Unfortunately our Legislators are ignorant of or deliberately choosing to ignore all legislation.
The position taken by ‘Millie’ and others with regards to short-term holiday rentals always refers back to legislation and the basis upon which Residents have purchased strata or property in R2 or R4 residential zones. The position is based on legislation and consistent with that taken by the Accommodation Association of Australia.
By way of contrast, Tourism Accommodation Australia’s position is (surprisingly) different; they are in partnership with Stayz/Expedia. TAA is connected with the Australian Hotels Association (AHA), “the national voice of Australia’s hotel and liquor industry”.
By way of advice, ARAMA is hooking Expedia into big battle against any limits whatsoever on short-term letting in NSW.
Members of the NSW Parliament never let up on how valuable short-term rentals are to our State Economy. Minister Matt Kean refers repeatedly and only to a report volunteered by Airbnb. State Parliament has written that they have not sought any legal advice…and they’re relying on figures from Airbnb?
And has anyone noted which MPs chose to abstain from voting on the Fair Trading Amendment Bill and indeed which MPs (with conflicts of interest) did indeed vote?
Our Members of Parliament must be called out on all the legislation they are ignoring, plus the fact that – particularly those in Strata – hold title deeds on residential property, plus there are Determination of Develoment Applications, which clearly state that our strata properties are for “permanent residential accommodation only and not for the purposes of a hotel, motel, serviced apartments tourist accommodation or the like“.
In London, Tubes and Busses are currently absolutely awash with advertising for Airbnb Management Agents like Airsorted and Hostmaker. Obviously there is no limit to what can and is being spent on the commercialisation of housing.
OCN were the first ones to suggest that a mere strata by-law should override the Certificates of Classification (National Construction Codes) and the Determination of Development Application on Residential Strata buildings. Our Politicians, Airbnb & Mob have of course seized upon this.
Good luck all: We are now left in a permanent state of war with the conversion to (and costs of) living a ghost-hotel a mere General Meeting away.
The bit about ‘vetting’ ‘guests’ is absolute crock. Here’s a Facebook quote from a well-know Sydney Airbnb ‘host’ who has about eight listings for her pad, including one for a tent and one advertising her ‘home’ as an ‘Events’ space:
“Here’s something that should raise concern in us all. [BTW, names changed to protect guest’s privacy. Yes, I know, how ironic…]
I just received an IB (instant booking) for today and tomorrow for two people. It’s for one of my private rooms, not the entire place listing.
On the guest’s profile she calls herself Ruby Be, apparently because she hosts a property in Ruby Beach. On her messages she signs off as Alicia.
On the itinerary it gives her name as Ruby Be.
I rant Airbnb to ask why the guest’s name wasn’t on the itinerary and to request the guest’s actual, legal name.
They refused to tell me. When I pushed back they said that they had no obligation to tell me and that I no (sic) right to be told.
Extraordinary. Imagine what the press could do with this litle tidbit? So what happens if there’s cause to call the police or an ambulance? ‘I’m sorry officer/paramedic, but I don’t know the name of this person staying in my house’.”
Gotta love short-term rentals hey?
All NSW Government MPs know exactly what’s going on as far as our Residential Title Deeds etc are concerned. If they don’t, it means their Staffers are blocking information going to the actual MP.
We purchased homes in R2 and R4 Residential Zones and Class 2 Residential Strata buildings. We’re being robbed of our rights as Residential property owners. In Strata, think one calls it “Fraud on the Minority”.
Lady Penelope
ATO line indeed helps. https://www.etax.com.au/airbnb-tax-information/
Follow the money?
State MPs have property listed on Land and Environment Court Orders together with a Penal Notice.
Deputy Premier John Barilaro’s wife gets $1,849/night for her Airbnb pad. Barilaro has numerous properties which he now (after being caught out) lists on his Parliamentary register. Note he’s sold his unit in Hoskins Place – building is full of STRs + State Politicians. Barilaro hasn’t responded to questions over which other properties he might/does not STR.
One the the biggest facilitators of STRs in NSW is an Official branch of the NSW Government – DestinationNSW. Their website offers portals and direct links to literally thousands of Expedia/Airbnb residential properties. The NSW Premier and Ministers have closed down on this and won’t reply to any correspondence.
Kinda think the whole ‘process’ has been a stitch up from the very start. If you’d sat through the Parliamentary hearings…the STR mob were a ‘shoe in’ from the very beginning.
Strata? Residential Development Approvals now worth absolute crock.
Hey Minister Matt Kean, you’re quietly sneaking legislation before Parliament? You’re being watched. These are our homes, our suburbs, our communities:
Bof, even when one pays for a strata search (under the SSMA) one is refused access to a whole range of correspondence.
We’ve been told that the Committee Members never correspond in writing, nor do any owners/residents ever write to the Strata Manager, so “there’s nothing to see”.
Never, in the 19-odd years that our Strata has been in existence has anyone had access to the full accounts, except for the Treasurere (should he care to ask for them). Access to Owners is downright refused.
Complaints to Fair Trading, the CTTT and NCAT see Owners’ request for Orders fail time and again, resulting in complete marginalisation and attacks from Committee Members against said owners. The Strata Agent supports the Committee completely – their contract is automatically renewed without any performance reviews or market comparisons. The Strata Agent has assured Committee Members in writing (one piece of correspondence that we did manage to find!) that Owners questions will not be answered.
We’ve even degenerated to the point where Committee Meetings are held and no Minutes are circulated. Committee Meetings are scheduled and we don’t receive Agendas(?)
Thanks NSW Fair Trading. Thanks also to the Ministers who oversee this Department. Nothing is working.
The position being promoted by the OCN on short-term letting is profoundly flawed. Those living in Residential Strata properties and low density suburbs have already voted ‘Residential’, often using their life’s savings to purchase their homes.
The OCN/Stephen Goddard are also aware of the severe threats (from NSW State MPs and their Legal mates included) often encountered by residents who have had to fight long and hard to uphold the residential status of their properties; Masetri Towers and Bridgeport in Sydney immediately spring to mind. Also, this position is not the position arrived at by the OCN sub-committee which worked long and diligently on this issue.
To leave Strata Residents in a situation where they will not know from one week to the next if powerful forces will intercede and render their home lives intolerable is extremely unfair.
Remember well, in NSW we have a long record of Land and Environment Court case law which judges mixing short-term tourist/visitor rentals with permanent residents “fundamentally incompatible”.
When one talks about home owners’ ‘rights’ to use their residential property as a ‘ghost hotel’, pop up brothel, overnight ‘rage venu’ etc, have a word with your neighbours and persuade them to rent their properties via Airbnb. Pretty soon you’ll be wondering what in heaven’s name happened to your rights!
Oh, and we have a major crisis in Housing.
Residential housing is for the housing of ResidentsGuess Ms Sabrina Bethunin should know. She has the second most Airbnb listings for a Sydney-based operator with just 164 properties listed at present. This young lass is just one of Airbnb’s single gals making a few extra bucks so she can keep her cat in cat food and afford a trip to Bali every couple of years. Yes?