#20536
Jimmy-T
Keymaster

    @kiwipaul said:
    1) I’ve been told that short term letting is considered a business and generally there is a bylaw that requires approval by the EC for running a buisness from a lot.

    I think you need to look at the other  posts on this topic to see it’s not as simple as that.  Defining the difference between a business and the provision of accommodation could keep lawyers in court for months.

    2) Short-term letting / holiday accommodation requires different fire standards and so I would have thought you should have some leverage here.

    Again, look at other posts – the Supreme Court in Victoria has just ruled that the issue of fire safety is not relevant when considering the legality of short-term lets.

    3) Your strata insurance is based on a residential complex and if you are doing holiday lets that is no longer the case and so your insurance premiums should go up (the extra payable by the holiday letting owners).

    This may be the case – although I haven’t heard of any examples where that has happened – but if the short-term renters have the influence to stop their owners corp taking action against them, they would generally be able to approve the payment of the higher premiums.

    Whale’s scheme needs by-laws stating that all rentals have to be for a minimum of three months and occupancy of dwellings should be limited to two adults per bedroom — that would shut out the holiday lets.

    However, with eight out of 27 units holiday lets, he will find it hard to get the 75 percent vote required to pass the by-law.  The best bet may be to look at council zoning and then get an order from the CTTT to stop all holiday lets as they are in contravention of a superior law.

     

    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.