Flat Chat Strata Forum Living in strata Current Page

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  • #8464
    Millie
    Flatchatter

      How do we stop people leasing from one night to two months?  The caretaker is the main culprit, organising holiday lets, and the EC Chairman and Secretary rent their flats through him and support him. 

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    • #16788
      scotlandx
      Strataguru

        I don’t believe you can prevent an owner dealing with their lot as they wish, e.g leasing it. In certain circumstances by-laws may prevent certain dealings but generally this isn’t the case. If tenants are breaching the general by-laws you can take action under those by-laws.

        #16789
        Jimmy-T
        Keymaster

          This one of those grey areas where you may have a by-law that prevents short-term rentals but there is that over-arching clause in Strata Law (referred to by Scotlandx) that prevents the Owners Corp for interfering with the “dealing” of a lot.

          So he is right, the answer lies with your local council.  Look at the development approval and zoning for your building and make your complaints that way. Short-term rentals are commercial, not residential.

          Some councils (like City of Sydney) come down hard on illegal short term rentals, calling them ‘rezoning by stealth’.

          By the way, your caretaker is an employee of the Owners Corporation so it can order them to stop handling bookings

          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.
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