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Hi Elives
See this very recent Adjudicator’s Order from Lynkim Lodge [2016] QBCCMCmr 419 (14 September 2016) for the latest thinking on Airbnb in Queensland.
I have copied the Conclusion below.
Please try and read the whole Order. It can be accessed via this link to the Austlii site.
Conclusion
[25] It would be contrary to the Act for the Body Corporate for Lynkim Lodge to record a by-law that prevented owners from leasing their lot for less than three months, regardless of whether the rental was arranged directly or via a traditional property manager or via a rental service such as Airbnb. It follows that Motion 4 at the March 2016 EGM was beyond the power of the Body Corporate to pass and could not lawfully be implemented. I have invalidated that resolution.
[26] The applicant subsequently asked for an order that the Committee not vote on any proposed resolution that would restrict the right of an owner to use any lawful service to acquire tenancies of any duration. I am not clear what the applicant is asking for, but an adjudicator cannot make orders about hypothetical future contraventions of the body corporate legislation.[9]The limits on the power to make by-laws should now be clear and if the Body Corporate sought to impose improper restrictions on letting in future that decision could likewise be challenged.
[27] The concerns of the Body Corporate and other owners regarding the noise and other offending conduct allegedly caused by the applicant and his tenants can be addressed separately. The current CMS for the scheme[10] includes by-laws about noise (By-law 1), parking on common property (By-law 2), and rubbish and garbage disposal (By-laws 7 and 10). By-law 6 requires an occupier to take reasonable steps to ensure that their invitees do not behave in a way likely to interfere with the peaceful enjoyment of others. The Body Corporate, owners and residents can utilise the by-law enforcement processes in the Act if these are not complied with.[11] If the current by-laws do not adequately cover all the areas of current concern, the Body Corporate could consider resolving to amend or add to the by-law to impose additional obligations or restrictions to reduce adverse impacts on other residents. However in doing so the Body Corporate must always act reasonably[12] and its decisions can be challenged if it does not.
[28] The applicant should consider giving more explicit directions to his guests about appropriate conduct during their visit, particularly regarding noise, parking and bins, and ensure that he abides by the by-laws when he is in residence.