#25637
Lady Penelope
Strataguru

    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.”