#25625
Jimmy-T
Keymaster
Chat-starter

    @JC said:
    I’m wondering if a ‘class action’ type approach could be used to tackle this issue. I’m assuming it might be feasible to have a very specific by-law drafted which challenges the basic principles of certain Parliamentary Inquiry recommendations.  If a large enough number of Owners Corporations implemented this by-law, then funded as a collective the defence when it was challenged, we might bring the fundamental unfairness of this report to a head.

    Nice idea but it’s a fundamental principle of strata law that you can’t pass by-laws that supersede “superior laws”.  That’s why strata schemes that are not zoned exclusively residential can’t really have by-laws banning short-stay lets. Your by-laws would never actually be by-laws because they would fail the first test.

    I think right now we should be writing to our MPs and local councils, telling them that if they support this short-sighted attack on our lifestyles then we will attack theirs by sacking them at the next election.

    The proposals seem to be that while strata schemes will not be able to ban short-stay lets, local councils will be able to set the number of nights per year that they are allowed before they have to have planning permission (which they will automatically get anyway).

    City of Sydney has privately suggested 100 nights a year (or every weekend, if you want to look at it that way) and seem to be absolutely stunned that people aren’t dancing in the street at this wholesale destruction of fragile but growing communities just so they can look cool and trendy and their supporters can make money at their neighbours’ expense.

    Money talks, principles walk and the short-stay letting industry has a lot of money to throw at this, as they have shown in Victoria and now here. It’s ironic that Sydney, that likes to kid itself that it’s a world city, is deliberately ignoring what is happening in real world cities like New York which has just imposed a minimum rental period of 30 days because its housing stock is evaporating while its hotels face closure and massive job losses.

    But you are right, strata residents need to get together and let the politicians know they aren’t going to get away with treating us like third-class citizens. If you want to get involved, sign the Neighbours Not Strangers petition and have a look at their Facebook page

    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.