Flat Chat Strata Forum Rental rants Current Page

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  • #8759
    Jimmy-T
    Keymaster

      Hundreds of strata landlords are breaking the law.  Make that thousands … Hell, make it tens of thousands – nobody really knows.

      What we do know is that it clearly states in the NSW strata Act that landlords have to give tenants a copy of their strata scheme’s by-laws within seven days or cop a fine of up to $100.

      And we know that landlords must tell their Owners Corporation who they have let their unit to and who the agent is within 14 days of the lease starting or face fines of up to $500.

      We are also certain…

      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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    • #18126
      Whale
      Flatchatter

        ….and despite the fact that in addition to a “Welcome Pack” I’ve made downloads of our By-Laws / Special By-Laws and a pro-forma S119 Notification available under a “Landlords & Agents” page on our Plan’s Website, most STILL  don’t comply with the Law! 

        I live for the day when under the (new) Laws, Owners Corporation’s will be able to issue their own penalty notices, retain the net revenue, and be very soundly beaten-up by the Office of Fair Trading and the Civil Courts if they themselves don’t follow the prescribed procedures and/or otherwise get it wrong! 

        #18140
        Millie
        Flatchatter

          And this leaves the field wide open for those engaged in short-term lets.  No recording = no checks on length/type of stay (one night upwards), and by-laws don’t ever get a look in.

          #18141
          Jimmy-T
          Keymaster
          Chat-starter

            Good point, but I prefer to look at this the other way. If you have someone doing illegal short-term lets in a building, you gather your evidence and make a complaint to Fair Trading for each of the times that they don’t let the Owners Corp know that they have let the unit. Thos $550 fines will soon add up.
            I wonder, however, how diligent Fair Trading will be if the people handling the case are inclined to favour the individual – the rogue landlord – over the big nasty ‘corporation’ – the neighbours who have to put up with their selfish crap.
            By the way, if the short-term landlord does notify the Owners Corp, you have great evidence to show that this is a commercial operation in a residential building. Don’t miss next week’s Flat Chat column for more on that!

            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.
            #18142
            DD
            Flatchatter

              It is always a good to check with the Local Authorities (Council) if holiday/sort term letting is allowed as some have prohibited short term lettings.

              With Section 119 notices, not eough owners and agents bother to let the Strata Manager Know, who the managing agent is as well as who will be residing. This makes it near imposible when a hot water service burst and is pouring out through another residents property and or the complex.

              #18148
              Whale
              Flatchatter

                Just to clarify and as much as I’d like to see S119 apply to all rentals, that section refers to notifications of leases, and they’re not required for properties that can be broadly classified as being self-contained, that is with its own kitchen and bathroom and some rudimentary furnishings.

                So it’s possible for Owners of Strata Units in residential buildings to partially furnish those, to make them available to “visitors”, and to thereby avoid providing the Owners Corporation with any notification under S119.

                Hopefully this loophole will also be closed by the proposed amendments to NSW Strata Laws.

                #18151
                Jimmy-T
                Keymaster
                Chat-starter

                  Interesting point. As I discovered just yesterday, in Victoria you have to alert the Owners Corp to new occupants (rather than tenants) of your property – I wonder how many owners actually do it.

                  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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