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Can an OC create a by-law to prevent an owner occupier who is living full- time in their apartment from listing a room in their apartment on a holiday letting site such as AirBnb? Both current and once the new legislation is in place ?
If anyone knows the answer it would be greatly appreciated. Thanks.
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The answer is “no” to both. There is no legislation currently in place that prevents an owner from letting a room while they are in residence. The new legislation (for NSW) specifically excludes homes where the “host” is present from being caught by by-laws.
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.
I’m in NSW to and I was going to ask about this.. Everyone got a notice in the building saying no short term profit stays are allowed eg like Airbnb.. And the only long term booking or rental stays allowed are 90 days or over(90 day bookings or more allowed using Airbnb) . But I’m not sure the “OC/strata committee/strata agency” in my building has the power to make by-laws restricting owners who are living in there property to restrict owners renting out one of there rooms for less than ninety days..
The new laws when they come in (soon) will specifically exclude genuine home sharing – i.e. letting a room or rooms when the resident is present. You committee mayhave to propose a new by-law (which has to be approved by 75 per cent of owners voting at a general meeting) which reflects this or their current by-law could be tossed out for being in conflict with strata law.
If you were looking for a business opportunity right now, you might consider low-cost CCTV cameras which are going to become very popular as strata committees try to prove that Airbnb hosts who say they are in residence, aren’t.
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.
Good points. And that’s my point to, I thought no OC strata commitee can passa By-law with 75% support if it is in conflict of NSW strata law..
I know what you mean, but just to get this technically correct, no strata committee can pass any by-laws. That can only be done by the owners corporation at a properly constituted general meeting. The Committee can, however, propose, promote, finagle, dupe and use other devious means to slip a by-law past unaware owners.
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.
My understanding that the new law that will allow and regulate short-term holiday lets will not apply to genuine home sharing, which means the owners corp will not be able to pass a by-law that bans it.
If your by-law bans all holiday lets, regardless of whether or not the host is present – it is liable to be tossed out for being in conflict with superior law.
This is what the Fair Trading website says on the matter:
New planning laws will allow short-term holiday letting under certain conditions. If the host is present, they can use their home for short-term holiday letting all year round as exempt development. That is, they do not need to submit a development application to local council.
Bear in mind that this law has not yet been enacted, so we are still working on the old laws which may allow strata schemes to restrict holiday letting, depending on the terms of their development approval and council zoning (which often forbid holiday letting).
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.
Again, no, that is not correct.
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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