#27429
Jimmy-T
Keymaster
Chat-starter

    @Millie said:
    Hi Puddn

    Keep it quiet:  should any of your owners challenge you and you take them to the NCAT, the NCAT will dismiss any request or Orders to ban their STRs.  

    Well, let’s look at this before we jump to conclusions.  Did the building issue a Notice To Comply and then try to impose a fine and that was rejected?

    Or did the owner concerned challenge the by-law?  You seem to be saying both at various points in your post.

    I am hearing stories of OCs that have cancelled swipe cards and that has been successfully challenged, and others that have tried to impose limitations on short-stay letting which have also been knocked over (for all the reasons stated in previous posts).

    But I am yet to hear of a case where the adjudicator has said that a by-law simply supporting zoning – without any fancy qualifications or limitations – was invalid.  And even if that had happened, it could still be appealed.

    If that is the case, then we are all screwed and the local councils that have quietly imposed a moratorium on prosecutions for short-stay letting need to be called to account.

    Also, just because one NCAT adjudicator makes a bad decision, it doesn’t follow that it is law as they don’t work off other NCAT decisions as precedents.

    If I am wrong, please provide more details so we know exactly what we are up against. 

    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.