@proudsceptic said:
The position that: any use of premises as short term accommodation is materially different to a use as a single dwellinghouse because it is not a use of the premises as “the long term home” of persons comprising a household, has not been supported in case law.
Interesting. In a letter to our friend Catherine Lezer (a director of OCN and a candidate in the recent City of Sydney elections) Fair Trading Commissioner Rod Stowe said this of short-stay lets:
The Act … provides a number of provisions which may be of assistance to strata schemes facing problems regarding short-term letting.
For example, model by-law 17 in Schedule 3 requires an occupier of a lot to notify the owners corporation of any change to the use of their lot for short-term or holiday letting.
The notice would have to be given in writing at least 21 days before the change occurs or a lease or sub-lease commences. Such a by-law would provide an owners corporation with enough notice of short-term letting so arrangements could be made on matters such as safety and security.
If the Fair Trading Commissioner says short-term letting is a change of use, and so do the model by-laws, that’s certainly something you can take to NCAT although there’s no guarantee that the Member will understand or care.