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Touché Janicesyd and Hubbie!
Individuals will get nowhere trying to fight this. This is what I reckon has to happen:
- The NSW/VIC Planning Ministers (read, other States as well) issue subpoenas to obtain all Airbnb’s client records.
- The Aust Tax Office then picks up all those who are dodging the payment of tax. That’ll hurt!!!
- The Planning Ministers work with the State Ministers for Local Government. They in turn work with Local Governments to round up those who are breaking the Development Consents on their buildings.
- They then take a Class Action to the Land & Environment Court and drive a steak through the heart of those using Airbnb to breach their development consents. This will send a very loud and clear signal to all others who are using other platforms to breach Residential Zoning Consents.
Remember this important thing: Airbnb have protected themselves. The onus for complying with all laws rests squarely with those using Airbnb’s internet platform to advertise and sell their properties to Tourists/Visitors.
I’ve worked on this issue for nearly four years. The resistance is massive and viscious. WHY? Because there is so much money involved. And there very much appears to be resistance at Government Level because some very high-profile an powerful people – Politicians included – are neck deep in this practice, which our Council, the City of Sydney, classifies as “ILLEGAL”. It is time that these people were called to account. They have inflicted very real pain and damage on those who have simply questioned the legality their actions.
Also ask yourself the question: “Who owns Stayz and what influence do they have with/over Governments?”
Here’s what is currently happening with Airbnb in Sydney:
https://rentingyourplace.com/ci/AirDnA-Sydney-AU-Airbnb-Data-and-Analytics.html
Think Docklands in Melbourne. Think Barangaroo and Darling Harbour in Sydney…do all these new Strata owners who have paid a mozza to live in their spanking new buildings want to put up with the trash that we live with daily?
Our Legislators fall over themselves fighting to win their positions of power. It’s time they used that power to work for those who’ve elected them.
In November 2013 Brad Hazzard (then NSW Planning Minister) said in Parliament that there was a shortfall of 50,000 residential properties in Sydney alone. Add to this the reports of some 30,000 additional Airbnb properties that have jumped into the mix and see what this is doing to the affordable housing market.
And ask your friends who rent apartments how easy it is to find an affordable, liveable property?
Our Politicians ignore this matter at their/our peril. They must do something about this massive problem.
Write to your Premier and copy every Minister you can think of, plus your State Member and the CEO of your Local Council. And keep writing! Keep writing!
Go. Go. Go!
Hi janicesyd
It took 3.5 years of constant – constant! – lobbying to get our Council to act. Can see from the Land & Environment Court’s website that our short-term letting culprit was back in court with Council last Friday…for the fourth time. Watch this space.
If you can bear it, don’t ever give up. Your Council is duty bound to Act…that was the route taken in our case, despite the truly horrific ongoing threats levelled at those opposed to short-term letting.
And remember, should something major happen – caused by those short-term letting – and your Insurer doesn’t pay up, you and every owner has unlimited liability.cyou could lose your home and contents plus life savings, super etc.
You go girl!
We’ve got about a third of our owners letting short-term. Airbnb is just one platform that facilitates this activity. It’s a global problem and legislators need to consider what this activity is doing to the affordable housing market. We are always hearing about the crisis in the housing market. I reckon Legislators need to act…and NOW!
One really great site I’d recommend everyone to scrutinise is http://www.sharebetter.org. This is what New York is doing.
below is a reply I got from Airbnb last November. They successfully shift all responsibility away from themselves.
I’m Joey and I work here at Airbnb. Thank you for contacting us regarding your concerns with a listing in your building
Airbnb is an online platform and does not own, operate, manage or control accommodations, nor do we verify private contract terms or arbitrate complaints from third parties.
We do, however, require hosts to represent that they have all rights to list their accommodations.
To that end, we are committed to notifying hosts about complaints such as yours, provided we (i) receive a formal written letter (scanned electronically as an image or .pdf) that (ii) details your specific allegation, and (iii) fully identifies the Airbnb user to whom you believe it applies (please include links).
Although we will not verify, evaluate or arbitrate the terms you identify, we will provide a complete copy of your complaint to the host we will ask them whether they wish to remove their listing.
Again, thank you for contacting us about this.
Joey B
http://www.airbnb.com/helptharra, are you the Caretaker?
The ‘old farts’ who have control of our building are absolutely dug in.
I don’t mind old farts if they are open to the views of younger or slightly younger farts but when the old farts think that their word is the only world and their lust for money is all that matters, that’s when there is an almighty stink.
Real people live in Strata and real lives can be affected in the most horrible of ways.
Everyone’s interests should be accommodation as best as possible. It is unpardonable when those ‘in power’ use that power simply to enrichen themselves – aka large-scale short-term letting – at the expense of tenants and resident owners.
Back to you JimmyT and Strata Gurus!
Thank you Jimmy T.
I quoted exactly this – Section 138 – to Fair Trading plus also the Section on Minutes of EC Meetings (7 days to distribute). Fair Trading have told me to go back to the Owners Corp. The Dept appears not to want to act on these two issues, plus failure to comply with Section 119 (notification of leases), plus exclusive use/occupation of Common Property by the Caretaker without License, plus numerous other issues covered under the Act.
The SSMA is my reference tool yet I can’t get Fair Trading to acknowledge any discrepancy between what is in the Act and what is in play in our Scheme.
All I really want is for NSW Legislation to be adhered to in relation to where I live. Alas, no help at all from Fair Trading. There has to be justice somewhere.
I have been through the process of Mediation (respondents declined to attend) and Adjudication with the CTTT and NCAT. Futher issues keep cropping up.
I have completely run out of options.
Hello Flat Chatters
I’ve just raised a couple of issues with NSW Fair Trading, all to do with those in charge of our Strata Scheme and what they have failed to do.
The Strata Schemes Management Act is really clear and reading what is stated in black and white it is obvious to this simple soul that our Strata Manager, the Executive Committee and the Building Manager are in pretty clear breach of sections of the Act.
Fair Trading says though that the matters I have raised can only be dealt with by the Owners Corporation and that they are not able to provide further assistance.
Please: who is responsible for overseeing and, when necessary, enforcing what is required under the Strata Schemes Management Act?
ThanksI agree you deserve a gong; where would some of us be without you?
Arise Dame Jimmy!
‘Thank You’ from one very grateful flat-chatter.
Valakos, Scotlandx and Whale
Here, many owners have gone 16+ years without ever putting a single ‘lease’ on the Strata Roll, despite having their units ‘let’ for the entire time – often 4-5 different sets of occupants each and every week (short-term letting). In fact, a ‘legal eagle’ in the building so much as bragged that Fair Trading has never taken action over someone not complying with Section 119 of the SSMA. To boot, they never, ever provide ‘tenants’/occupiers with a copy of the by-laws or a ‘condition report’, no bonds, no written ‘lease’ etc etc.
All this was taken to Fair Trading (failed mediation), then the CTTT, then the NCAT. Result = exactly as the ‘legal eagle’ said…no action.
Motions for compliance we put on the agenda at the last two General Meetings and those not listing leases are so confident they voted down these Motions. It’s all therefore very much on the record exactly what’s going on.
If anyone has any record of this legislation ever being enforced here in NSW, I’d like to hear about it?
Best+
How interesting this all is.
Quote: “I find this is just another example of money and power being concentrated in the hands of the few. Why shouldn’t individuals make some money out of their property? I for one will fight this all the way. No-one can tell me that I can’t use my own property for any purpose I like as long as it is not illegal.”
Question: How big is airbnb’s ‘money and power’ these days, and in how many ‘hands’ does their ‘money’ and ‘power’ rest?
Quote: “No-one can tell me that I can’t use my own property for any purpose I like as long as it is not illegal.”
Question: In our building about 55 sets of ‘mum/dad’ investors (out of 163 residential lots) say the same thing. So, multiply their demand x 55. Oh! Plus the Council says their ‘short-term use’ of their apartments is ‘illegal’… So now they argue that not even Council has the right to tell them how they can use their apartments. At exactly what point will someone letting their apartment short-term consider the interests and legal rights of others?
Quote: Last November the NSW Planning Minister said in State Parliament that in Sydney alone there is a short-fall of 50,000 residential properties.
Question: How many residential properties are being short-term let across the Sydney Metropolitan area, and what is this ‘illegal use of residential properties’ – short-term letting – doing by way of distorting the situation for tenants trying to find somewhere decent to live?
Residential = Residential.
If you want to invest in short-term accommodation, might one politely suggest that you put your money in a proper ‘serviced apartment’ complex or buy shares in a hotel? Ah, but can you ‘negatively gear’/get a tax concession there?
I bet the mortgage provider from whom you’ve borrowed your investment loan doesn’t realise that you’ve got the money in a residential property and are using the property for a non-residential purpose?
And then there’s the building insurance issue…
Such a big topic!
Hi Elephant
I can advise that Airbnb recently updated their ‘conditions’ and all users had to acknowledge and agree to them.
We have one Lot Owner who is still renting constantly through Airbnb despite an utterly clear dictate from our local council that short-term holiday lets are ‘Illegal’.
If your Executive Committee is co-operative and wants to ensure that you meet all the conditions of your Building Insurance, ie that ALL rules governining your property – your building’s Development Consent issued by your local Council – are adhered to, you could present the offending Lot Owner/s with Airbnb’s blurb and ask them to comment.
As a Strata Owner you and every Lot Owner in your building has unlimited liability – it’s no joking matter if your property burns down through the fault of holiday lets.
With regards to ‘house swaps’, again ask your Council – they are the ones who have issued the Development Consent for your property. Alas, our Council has let us down miserably, miserably, miserably…:
AIRBNB: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON AIRBNB.