Which prevails: Council zoning or strata by-laws?

Section 136 (2) 2015 Act.

“A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.”

The zoning would be made under another law (not Strata) and so the by-law would be inconsistent with that and likely find itself in difficulty if challenged.
Strata by-laws are pretty much the lowest in law hierarchy.

nugalbags wrote:

Hi, Your wording is strange. Are you attempting to limit the ability of the lot owners to offer the properties as short  term rental?

I think the wording is at fault here and I’m guessing that the OP is saying “can the strata introduce by laws limiting which apartments can be deemed owner occupied.”

The owner-occupier loophole introduced by our Airbnb-loving government in NSW is a piece of nonsense, since the term “principal place of residence” has no legally binding definition. Its a policy that encourages apartment owners to do as they please and to Hell with their neighbours.

Say chummy next door stays in his city fringe unit four nights a week, then lets it out on a short-term rental platform every weekend – “perfect for footy parties” the ad says –  while he goes and spends quality time with his partner, it is still his principal place of residence.

Or the retired couple upstairs spend three months a year cruising the Med or the Carribean, or pursuing their bucket list tour of South America while there is an endless stream of total strangers coming through the building, is that their PPoR?  And the answer is yes.

This past holiday season, we’ve seen harbour view apartments turned into all-night party pads with tickets sold – totally illegally – for events that rocked the whole building. Personally I would have shut off the power after, say, 1 am (also illegal) and let them find out who was responsible.

It’s time this governments and their agencies in this airbnblighted country started looking at the impact of unfettered tourism on the people who live here and for whom our city centres and seaside towns and rural retreats really are their principal places of residence.

Interesting how the short term holiday let (STHL) lobby has managed to convince our dopey leaders that curbing them would have a huge impact on the economy while, at the same time persuading them that allowing them free rein has no effect on residential rental availability.

Just because something is legal, doesn’t make it right.   And if it’s so clearly wrong for the majority of people, then it shouldn’t be legal.