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  • #10209

    Our Strata Executive Committee has raised the following issue to stop AirBnB guests staying in our building in its recent minutes from the latest Executive Committee Meeting:

    Short term leasing. This matter was discussed at length and it was noted that the Sydney Council is currently carrying out an investigation into short term leasing. The second point was that the current Council restrictions for residential buildings are a minimum 13 week lease term. It was resolved that at the next General Meeting to propose a by-law restricting short term leasing such as Airbnb.”

    Under the STRATA SCHEMES MANAGEMENT ACT 1996 s49(1) there are restrictions on by-laws that can be implemented:

    Specifically, s 49(1) states:
    “(1) 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.”

    The relationship between a host, AirBnB & guests takes the form of a lease. 

    Restricting a lease by implementation of a by-law appears to contrary to STRATA SCHEMES MANAGEMENT ACT 1996 s49(1).
    Therefore, such a by-law cannot be implemented.

    I am correct in this interpretation?

    Please note, we are not aware of any problems that have arisen with AirBnB guests staying in the building (only about 3 apartments host out of approximately 140 apartments in the building, although there are many other forms of short term leasing taking place in the building and have been for the last 15 years).

    Caveat: The building was built around 1980, so does it come under the STRATA SCHEMES MANAGEMENT ACT 1996?

    Thank you kindly for your input with regard to the above question.

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