#77643
Jimmy-T
Keymaster

    …the door is open to make such a restriction provided the restriction is not harsh, unconscionable or oppressive (s 139).

    Pretty much the point I made, myself.  But what is “harsh, unconscionable or oppressive” in this context?

    One suggestion would be to pass the by-law and let the affected parties (the Airbnb opportunists) take the committee to NCAT to establish whether it has legs or not when they are hit with Notices to Comply.

    On reflection, that a ponderous route to get to a simple answer – just exposing another flaw in our much-vaunted strata laws.

    Oh, and don’t bother asking the AG’s office what they think (they run NCAT) – they’ll tell you it’s a strata issue and refer you to Fair Trading, who will say they can’t make a ruling because it’s an NCAT decision and so on and so on.

    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.