#77626
Jimmy-T
Keymaster

    The only information I could find on the Fair Trading website says this:

    Owners corporations can choose to adopt the model by-laws with or without changes. They can also adopt their own unique by-laws, although there are restrictions on the types of by-laws owners corporations can adopt. For example, an owners corporation cannot adopt a by-law that is unjust or otherwise conflicts with strata or planning laws.

    So, for instance, provided the apartment was NOT the owner’s principal place of residence, you probably could limit the periods during which it was available for holiday rentals.  I’m not a lawyer but I would think that might be easiest effected by banning short-term rentals EXCEPT in non-peak periods.

    However, if you have owners who only let their apartments for those peak periods, use the income to pay for an overseas holiday (so they can escape the noise etc), then spend the rest of the year at home, I don’t think there’s much you can do.

    I’d be interested in hearing from people who ARE lawyers about how they think this could work.  The “principal place of residence” free pass is farcical and means owners only have to be at home during the week then let their flats at weekends, or fly to cooler climes in the summer and let their homes while they are gone.

    Principal place of resident means living there 183 nights a year.  Too easy.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.