#26138
Millie
Flatchatter

    As mentioned in an earlier post, an Owner in a block in Pyrmont wanted to short-term-term let, the OC had a by-law in place to stop this, the Owner took the OC to the NCAT and the NCAT sided with the Owner wanting to do short-term letting.

    I have to hand a letter from Stuart Westgarth, Deputy President – Consumer & Commercial Division of the NCAT, who states, in relation to Strata Scheme Adjudicators of the NCAT:  “Strata Schemes Adjudicators do not have the power to determine mattes involving planning legislation.

    Be assured that, to date, the NCAT hasn’t touched short-term letting: We’ve had a 1,200-page submission with a request for Orders rejected by the NCAT because it was based on short-term letting…or because the respondents (those short-term letting) included multiple State MPs and well-known Legal practitioners.  Take your pick as to why the NCAT rejected all our documentation on the matter.  And being terribly cynical after all this:  don’t ever expect to be successful if you take a complaint about every type of anti-social behaviour related to short-term letting to the NCAT, as has been suggested in the Report to Parliament as to how such matters should be ‘dealt with’ in future.

    In NSW it all falls back to what is written on the Determination of Development Consent for your building, issued by the local council.  This has higher authority and overrules any by-law issued by an Owners Corporation.

    The problem now is that the City of Sydney has made it pretty clear to State Parliament that they want short-term lets determined as ‘complying’ or ‘exempt development’, i.e. they don’t want to be bothered any more with having to enforce legislation.  And all Local Government representatives sitting before the Hearing Committee admitted that they’d done nothing about complaints over short-term letting because they don’t have the funds or manpower to deal with it.  That said, Miami Florida has issued USD4 million in fines between March-October 2016…you’d think that would be enough funding?  Plus the State Government seems willing and eager for Airbnb/Stayz and their cronies to get their hands on every residential property across the State.  This, despite screamingly clear examples of what is happening overseas and here in NSW with regards to Airbnb lets v lets available for tenants.

    It is reported that in San Francisco Airbnb paid out USD8 million to lobbiests to defeat legislation which was set to curb their activities.  Perhaps no monies have had to change hands in NSW – our State MPs only too willing to open our doors to Airbnb?  Again, with MPs well know love of money…18your guess.

    If to date you haven’t had short-term lets near you, be very, very, very worried.