@scotlandx said:
I think Whale is right, it sounds like they have gone a bit overboard on the concept of “commercial”. Even if you are holiday letting, it is still residential, same as if it was a normal tenancy arrangement.Setting that aside, I don’t think the owners corporation can decide that two lots are liable for the cost of the inspection unless they pass a by-law, and in that case the owners responsible for the costs would have to agree to the by-law. I could be wrong, but l believe they are on shaky ground. If they billed you, I would just refuse to pay it.
I agree with scotlandx. For NSW what constitutes Residential Property should follow the definition in the CONVEYANCING ACT 1919 – SECT 66Q.
This states at 1) (c) “residential property” is: a lot or lots (including a proposed lot or lots) … comprising not more than one place of residence alone, whether constructed or in by CouponDropDown” href=”https://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66q.html”>the course of construction, and including any place used or designed for use for a purpose ancillary to the place of residence.
The definition of ‘place of residence’ is at section 3) of the same section of the Act.
I think the wording rules out ‘boarding houses’ as residential property but not lots where there is a single tenancy such as a family or a few associates.
Where strata schemes may be in trouble is if they ’employ’ a caretaker or ‘on site manager’ or other workers eg cleaners directly (by directly I assume they mean not through a contractor).
Please be advised the above is my own research and conclusion and for discussion only.