#24915
Jimmy-T
Keymaster

    Firstly, your unwell resident can vote by proxy but even if they didn’t, the by-law can only be blocked by 25 percent of votes cast at the general meeting.

    Here’s the gist of a by-law that might work for you – but you should get your proposed by-laws checked, at least, by a strata lawyer or strata manager.

    No Short Term Letting

    1. Owners may not enter into any arrangement to let their lot for a period of less than 3 calendar months pursuant to a lease, sub-lease, tenancy agreement, licence, sub-licence, understanding or contract of any kind.

    2. Owners must ensure their occupiers or sub-tenants do not let the lot for  a period of less than 3 calendar months pursuant to a lease, sub-lease, tenancy agreement, licence, sub-licence, understanding or contract of any kind. 

    3. The Owner must indemnify the Owners Corporation against any claim, action, demand or expense incurred in relation to: (a) Short Term Lettings conducted from your Lot in breach of this bylaw; and (b) the exercise of its rights under this by-law; and (c) enforcement of this by-law.

    4 This by-law confers on the Owners Corporation the power 

    a) to prohibit owners and others from engaging in Short Term Lettings

    b) to enter any part of the scheme to carry out investigation to confirm reasonable suspicions that short-term letting is occurring

    c) to report Short Term Letting to the local council

    d) to engage in whatever legal action may be necessary or desirable to stop the Short Term Letting

    e) the authority to recover the costs of carrying out the activities above from the owner as a debt.

    As I said before, check with a strata lawyer or manager to make sure the specific conditions in your scheme are covered by any by-law.

    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.