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I (a NSW resident) would like to know if strata schemes whose by-laws don’t mention short term rentals, can be construed as an automatic green light for any absentee owner to rent out his/her strata unit on a (very) short term AirBnB-like basis?
The issue arose recently when I heard one tenant has moved interstate for a few months and the absentee landlord owner is “keeping the unit for that tenant” and in the interim is letting the premises on a short term basis.
In reply to a 02/06/2021 posting by me about tenants letting the whole unit when they go on holidays via AirBnB without the knowledge let alone consent of a landlord, Jimmy replied that s.139 of the Act says:
(A) by-law cannot prevent dealing relating to lot
No by-law is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot.
So, from the perspective of an absentee landlord wanting to let (and re-let) an entire unit on a short term basis , do I conclude correctly that whether the strata’s by-laws ignore mention of short term rentals of any type or mention short term rentals by placing limitations or prohibitions on such rentals, the Act allows such landlords (a) to engage in short term rentals when and how they see fit and (b) without the need to inform or seek approval from the strata committee or Owners’ Corporation before doing so?
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