@JonH said:
Is it within the law to charge the owners who are renting out their units, short term, an additional charge or levy to cover … the amount of time the concierge has to spend on Airbnb guest issues – for which all owners are paying?
I think you could perhaps pass a by-law saying that the concierge will only service residents who are registered as lot owners or lessees under section 258 (below).
You would also take them to the tribunal seeking fines for failure to notify the lease or sub-lease as outlined in 258.
I think you could pass another by-law that institutes an “exceptional circumstances call-out fee.” This would cover all residents and apply to very specific cases of noise complaints etc etc after hours.
And, of course, the noise complaints or damage could lead to Notices To Comply to the Airbnb hosts, followed by fines.
(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.
Maximum penalty: 5 penalty units.
(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.
Maximum penalty: 5 penalty units.
(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.
Maximum penalty: 5 penalty units.
(4) The notice must be in writing and specify:
(a) the name of the tenant and an address for service of the tenant, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.
Note.An address for service of notices may be an Australian postal address or other electronic address, including an email address (see section 261).
(5) This section does not apply to the lease of a lot by the lessor of a strata leasehold scheme to a lessee who is the owner of a lot.
(6) A notice under this section is to be given to the original owner if it is given during the initial period of the owners corporation for a strata scheme.