› Flat Chat Strata Forum › Airbnb and holiday lets › Can Strata By-laws be changed to block AirBnB in NSW? › Current Page
In QLD the by-laws (i.e. strata laws) cannot be changed to exclude short term rentals. An Adjudicator’s Order of Sept 2016 found that a by-law such as that would be void. The Adjudicator based the Order on the following BCCMA legislative provisions:
[s180(3)] If a lot may lawfully be used for residential purposes, the by-laws can not restrict the type of residential use.
And
[s180(4)] A by-law can not prevent or restrict a transmission, transfer, mortgage or other dealing with a lot.
Examples—
1 A by-law can not prevent the owner of a lot from leasing or mortgaging a lot.
2 A by-law can not prevent the sale of a lot to a person under or over a particular age.
The Adjudicator made this comment: “Adjudicators have consistently held that by-laws which attempt to prevent the short term letting of lots (including where there are local government or building classification concerns regarding short term letting) were invalid.”