Body corporate rules and Airbnb

[Mark14]

Hi everyone, my body corporate is wanting to introduce a by-law to ban short term leasing, we have our AGM next month. Has anyone else living in a strata experienced this with their body corporate and if so how did you fare? There are 5 of us in my building that are Airbnb hosts and we all want it to continue. I am buoyed that the NSW Government will embrace the sharing economy. I would appreciate any advice from hosts who have been in a similar situation.

Have a great day everyone.

[Mary-Jane0]

Hi Mark!

Do you remain on the premises or are your guests having the whole place to themselves? I believe this has some bearing on it. The body corporate has also got to be careful that they could also be preventing owners from having students homestaying.

Mary Jane

[Mark14]

Hi Mary Jane,

I am renting out my spare bedroom and am generally here. I have only rented out my entire once while I was on holidays. I agree with you that a blanket ban can have adverse flow on effects. I have had 3 friends stay with me in the past for a month or 2 paying rent to me, so this would also not be allowed if this was passed. Looking at the way the by-law has been drafted, it looks very professional like it came from the strata manager and possibly their association. Myself and a neighbour who does Airbnb when he goes away for short breaks are going to contact all residents and get their opinion.

I will keep this board updated as we go along.

Mark

[Marie21]

I am in the same situation in my  building strata and reception are looking closely on people entering in building with suitcase or leaving and asking them where they are coming from. I only rent out my full apartment when i am away in average 2 weeks every 3 months.  Now they have found out as a guess went to reception to ask something i end up stop renting for a long time and i start only during Xmas as i was traveling abroad. But only rent out week end as i am to scare to rent out during the week as reception desk and specailly one of the day staff never stop asking people with suitcase if they are Airbnb guess. Mybuidling have lift access control as door with fob the passing keys and welcoming guess become a nightmare.

A nightmare.

[Kate30]

from recent experience I would have to say strata is just something you can't get away with in sydney for AirBnb.  especially they are bringing in new strata laws to even be able to fine you on the spot for a BBQ it is fairly impossible in a R1 or r2 zone.  Strata essentially feel they have power a bit like a power trip and unless you can turn over the by laws you are ina  no win situation.

I know for a fact Strata Managers are trolling Airbnb looking for building photos that match listings

I had no choice but to take my listing off line or be evicted

Mine you I had a fussy building but committes and by laws are just something you cant get past - even worse in the East 

[Kerry8]

I have just been threatened by my strata manager that he will report me to the local council.

A tenant in the building complained about my guests even though they have all been middle aged and from overseas.

The strta manager had copied my airbnb listing in his email.

I found the whole experience threatening and very very unpleasant

[Mark14]

Hi Kerry, thanks for your post, are you renting out a spare room or the whole apartment? If it is the former, the council can not do very much as it is your own home. My strata wanted to ban airbnb, the by-law failed to pass at our AGM and they are now wanting to hold an EGM to present that again and a couple of other things. Is their a by-law in pace banning Airbnb in your building? If not, then the strata dont really have a leg to stand on. Where is your local council? It may be worthwhile ringing them and asking what is their view to Airbnb. I am hopeful that that the NSW government will pass regulations making it clearer on what can be done. I think your strata is just trying to bully you.

Regards,

Mark

[Michiko-and-Ben0]

I had a slightly odd email yesterday regarding my listing. It was a well written email, with bullet points, and wording similar to how people from those countries tend to write . Last night I thought it was just someone (a girl) who wanted some reassurance before their stay. 

Even though all the information is in the listing and booking, they email asked that I confirm the price per one night stay, how many people were staying in the flat, and whether any deposit was payable in advance or on arrival. They also provided all these alternative contact means (which were blacked out by AirBNB of course) and asked me to use those means to reply.

This morning I got to thinking that maybe it was some organisation doing a secret survey, maybe a precursor to a scam, or council/strata doing some sort of checkup?

[Min1]

Hi Mark, 

thanks for setting up this useful post. I just started doing AirBnB in an apartment complex in Melbourne and I received a message on here saying they were the body corporate of the apartment building and said that we are not allowed to have short-term stays (only a minimum of 90 days). Do you know who I can contact regarding what are the exact laws regarding this? You mentioned a local council? 

I recently had guests with their access restricted to the facilities even when they were not causing any trouble. Thanks in advance! 

[Mark14]

Has the body corporate got a by-law banning short term leasing? if they don't, they can't really ban you or resrict your guests access as they dont have the legal authority to do so. If they have passed a by-law banning it, then they have the right to stop you. Do a google search on airbnb melbourne as I know there was a case that went to court and the body corporate lost. All local councils have different rules which makes it really hard also.

[Yusni-And-May0]

Hi Mark, how did you with your AGM Meeting?

I just got a voicemail from the strata manager indicating us not to do Airbnb. I'm panicking what I should do because I just on this new lease. Do not know what I have to do. Please kindly advise me your thought of lines.

[Min1]

Hi Mark, 

thanks for setting up this useful post. I just started doing AirBnB in an apartment complex in Melbourne and I received a message on here saying they were the body corporate of the apartment building and said that we are not allowed to have short-term stays (only a minimum of 90 days). Do you know who I can contact regarding what are the exact laws regarding this? You mentioned a local council? 

I recently had guests with their access restricted to the facilities even when they were not causing any trouble. Thanks in advance! 

[James65]

Hosts should go on the front foot and share with people at your executive committee meetings about what Airbnb is all about and what it means to you. Get on the front foot and share with people why your listing should be allowed and the benefits it produces for the local area and economy. Explain how you want other tenants/owners and the building general concerns at the forefront of any policy or bylaw considerations and you'd like to work together on a satisfactory outcome for all parties.  

[Jason54]

Hi Guys!

Sorry for having joined the coverstaion late. I'm hoping that someone may be able to point me in the right direction. I am hosting a place in West End of Brisbane and are currently dealing with a hostile Body Corporate who is now trying to register a By-Law that prohibits the use of Airbnb. Has anyone had to deal with something similar and if possible any recommendations of how to dispute the new By-law.  I've had one noise complaint in over a year. I really don't want to deactivate the listing as this is big part of my livey hood. 

Would be very greatful for any assistance!

Thank you so much.

Jason

[Mark14]

Hi Jason,

I'm not sure about QLD but in NSW the body corporate need 75% for a vote to pass a special resolution by-law. At my AGM in Feb it failed to reach the 75% which I was grateful for. I have now joined the Exec Committee so I can help influence how things go. My other EC members still want to ban it, we are having an EGM next month and it is going to be proposed again. I am trying to meet them halfway. Do you rent out the entire place or do you live there also?  Sorry I can't be of any more help.

Cheers,

Mark