› Flat Chat Strata Forum › Airbnb and holiday lets › Vic ruling opens door to short-term lets › Current Page
I hear what you’re saying and don’t disagree with you but the ruling wasn’t that they were breaking the law but that they were over-reaching and effectively creating a new law (which may amount to the same).
Personally, I think VCAT was over-reaching. Planning is not one of their areas but strata is. We are seeing similar patterns to the CTTT 10 years ago in NSW where some Tribunal members clearly thought living in an apartment was aberrant behaviour and had to be punished in some way.
There’s the letter of the law and there’s the intent of the law and I would be fairly sure Melbourne’s planners did not intend for the Docklands area to be Party Central with a short-term letting free-for-all.
The questions now are, will the Owners Corp take this to the Supreme Court? And how many other by-laws that stray into other areas of legislation – such as pet ownership and parking – may be invalidated because they ‘over-reach’?