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24/07/2018 at 3:30 pm
#30022
@Lady Penelope said:
Generally you cannot discriminate between occupants of the building.
This is true … except where such a change of use means increased insurance costs, under section 82 (below). A smart strata scheme wishing to deter Short-term Holiday Lets might invite their insurer to increase premiums to cover the risk created by STHLs and then pass the increased fee on to the hosts.
82 Individual contributions may be larger if greater insurance costs(1) If the use to which a lot in a strata scheme is put causes an insurance premium for the strata scheme to be greater than it would be if it were not put to that use, so much of a contribution payable by the owner of the lot as is attributable to insurance premiums may, with the consent of the owner, be increased to reflect the extra amount of the premium.(2) The Tribunal may, on application, make an order for payment of contributions of a different amount to one or more contributions levied or proposed by an owners corporation on an owner if the Tribunal is of the opinion that the owner’s consent has been unreasonably refused under this section.(3) An application for an order under this section may be made by the lessor of a leasehold strata scheme, an owners corporation, an owner of a lot or a mortgagee in possession.