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  • #9770
    Jimmy-T
    Keymaster

      Melbourne city council were due to be back at the Building Appeals Board this past week, to re-argue their case that residential apartment  blocks are no place for short-term holiday lets.

      Good on ’em, but they may be fighting an uphill battle as Airbnb and other social media based accommodation websites enable the curse of short-term lets to spread like a computer virus.

      Don’t get me wrong, I think Airbnb is a great concept, provided it’s people renting out a spare room in their homes, not a strata parasite letting their whole flat to complete strangers who don’t give a flying focaccia about how much noise they make on their bucks party/footy trip/schoolies week.

      Airbnb isn’t blind to these problems. When you register, you have to promise you are not breaching the rules of your building or the terms of your lease, among other reasonable restrictions.

      But look for the phone number or email address where you can tell Airbnb that one of their members is busting your by-laws and there is nothing. Nada. Zip.

      Seems a bit slack, to set up a system that makes it easier for people to break the law, but then not provide a simple way for the victims to report them and request that they are shut down.

      No wonder Attorney General Eric Schneiderman of New York City has just announced that 72 percent of the Airbnb’s rentals there are illegal.

      In the Big Apple, they quite rightly see illegal short-term lets as undermining both their legitimate hotel industry as well as low-cost housing.

      In Barcelona earlier this year, the city fined six online agencies, including Airbnb,  $45,000 each for breaching their tourism laws.

      And now our cities are getting taking an interest but it will only be a matter of time before the usual suspects come out of the woodwork, claiming banning holiday lets is “unAustralian”.

      So let’s make this clear, once and for all.  Residential apartment blocks are not hotels and people who are on holiday behave differently from long-term residents.

      You’ll find links to the Airbnb stories mentioned here, here and here.

      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.
    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #22467
      Mailbox
      Flatchatter

        A lawyer writes:

        Just read your article on Airbnb; a narrow minded approach. 

        I just returned from a family trip to NYC. We rented an apartment for $450 per night, 2 bedrooms, kitchen, the works. Located in Hell’s Kitchen only one block from Times Square.

        This was far cheaper than a shoe box hotel room which could not accommodate my family of five. No parties, no doof doof music, just privacy and comfort.

        Where I live my next door neighbour holiday lets his house. Sometimes there are parties but they don’t disturb us.

        There are laws in place concerning noise. Leave it be. Airbnb or Stayz will not go away. I’m perplexed how you think a flood of apartments will open in Melbourne. Leave free markets alone.

        Have you even used the app?

        #22468
        Jimmy-T
        Keymaster
        Chat-starter

          If you had read the whole of my article you would have seen that I think AirBnB is a good idea. I don’t see how objecting to it being used to break the law is in any way “narrow-minded”.

          What I have a problem with is AirBnB and other similar sites, with thier broad spread and social media cachet, being used to undermine existing laws against short-term letting, both zoning and individual building’s by-laws.  I’m not asking for new laws to be enacted, just for the current ones to be enforced. 

          AirBnB itself asks its clients to confirm that they are not breaching local laws and by-laws.  However, they then don’t seem interested in the fact that many of them are, in fact, breaking the law.

          In the Watergate building in Melbourne, you have one of the worst examples of what happens when people are allowed free rein to let their apartments to whomever they chose, for as long or as little as they wish.

          I can only assume that you don’t live in an apartment building or, I suspect, you might feel a little differently.  For those of us who are trying to shake off the last century attitudes that apartment residents deserve all they get for choosing an aberrant lifestyle, Airbnb is a finely honed edge on a very large and sadly familiar wedge.

          I’m hoping your flat in New York wasn’t in breach of zoning or the building’s by-laws. By the way, my wife uses Airbnb when she travels researching her books and I plan to use it myself in the future. But I won’t be staying in flats in buildings that ban short-term lets.

          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.
          #22469
          Mailbox
          Flatchatter

            A Landlord writes:

            I would like to say that not all short term rentals create problems.

            We have been doing this for 5 years and have never had an issue. We have a maximum of 4 people in our apartment and there has never been a complaint from the neighbours or any damage done to our apartment.

            Mostly we get couples from overseas, people in Melbourne for medical treatment or from interstate on business. I find it laughable that we are supposed to protect the big hotel industry-the same people who charge exorbitant rates that few can afford.

            We are retired, lost most of our super in the GFC caused by big business, who we now have to feel sorry for, and the income we get from the occasional rental helps us survive. The people who rent from us love the experience of living in a community which gives them a better feel for the city.

            I find this is just another example of money and power being concentrated in the hands of the few. Why shouldn’t individuals make some money out of their property? I for one will fight this all the way. No-one can tell me that I can’t use my own property for any purpose I like as long as it is not illegal. 

            I also think your expression ‘strata parasites’ is unwarranted.

            #22470
            Jimmy-T
            Keymaster
            Chat-starter

              A Landlord said:

              I would like to say that not all short term rentals create problems … I also think your expression ‘strata parasites’ is unwarranted.

              I’ll have to ask you to forgive my occasional use of colourful language, but I don’t consider people like you to be “strata parasites” just those who know they are breaching by-laws and whose guests are disrupting neighbours but who refuse to do anything about it. 

              Unfortunately, the pro short-term rentals lobby uses mum and dad landlords as a human shield to protect them when their large scale abuses are exposed.  The sooner the decent landlords separate themselves from the dodgy dealers, the better it will be for everyone.

              And they key to all this is in your comment that you will do what you like with your property as long as you aren’t breaking the law.  That’s fine by me – there’s a place for short-term lets, they are allowed and legislated for under certain circumstances.  It’s the cowboys and chancers who get on my wick.

              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.
              #22471
              Millie
              Flatchatter

                How interesting this all is.

                Quote:  “I find this is just another example of money and power being concentrated in the hands of the few. Why shouldn’t individuals make some money out of their property? I for one will fight this all the way. No-one can tell me that I can’t use my own property for any purpose I like as long as it is not illegal.”

                Question:  How big is airbnb’s ‘money and power’ these days, and in how many ‘hands’ does their ‘money’ and ‘power’ rest?

                Quote:  “No-one can tell me that I can’t use my own property for any purpose I like as long as it is not illegal.”  

                Question:  In our building about 55 sets of ‘mum/dad’ investors (out of 163 residential lots) say the same thing.  So, multiply their demand x 55.  Oh!  Plus the Council says their ‘short-term use’ of their apartments is ‘illegal’…  So now they argue that not even Council has the right to tell them how they can use their apartments.  At exactly what point will someone letting their apartment short-term consider the interests and legal rights of others?

                Quote:  Last November the NSW Planning Minister said in State Parliament that in Sydney alone there is a short-fall of 50,000 residential properties.  

                Question:  How many residential properties are being short-term let across the Sydney Metropolitan area, and what is this ‘illegal use of residential properties’ – short-term letting – doing by way of distorting the situation for tenants trying to find somewhere decent to live?

                Residential = Residential.

                If you want to invest in short-term accommodation, might one politely suggest that you put your money in a proper ‘serviced apartment’ complex or buy shares in a hotel?  Ah, but can you ‘negatively gear’/get a tax concession there?

                I bet the mortgage provider from whom you’ve borrowed your investment loan doesn’t realise that you’ve got the money in a residential property and are using the property for a non-residential purpose?  

                And then there’s the building insurance issue…

                Such a big topic!

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