short term letting ban by strata body

Michael1207
Level 1
Sydney, Australia

short term letting ban by strata body

hi, all

 

recently, received a letter from strata manager to ask to stop short term letting also he threated to deactivate access card if finding keep doing this. then second day, a letter from city of sydney council to ask cooperation with them regarding to non approved letting. they just said they received a complaint to about short term letting. but the letter did not identify any penalty to keep doing. just confused because i did research about it. NSW fair trading states the strata body's ban on airbnb is invalid. also strata said by law if found any devices to provide to the person which is not registered or residential lease, they will deactive it.

 

does the strata letter make sense to the owner of property? 

5 Replies 5
George77
Level 2
Paddington, Australia

Hi

 

You need to get a copy of the Strata by-laws and read if any of the laws relate to short term rental. Being a strata body in a block of flats they actually DO have some power over what you are doing with the property and maybe already have by-lawds restricting short term rentals to a maximum of number of days per year or possibly banning it outright. Check the Strata by-laws.

The Strata Schemes Management Act prohibits an Owners Corporation from restricting or limiting an owners right to let their premises on a short term basis. Case law exists supporting this .

Ingrid277
Level 2
Glebe, Australia

Hi,

Can anyone point me to information on the recent legislation. How is the

'180 nights a year' rule being enforced and monitored? 

Thank you,

Ingrid.

Christine1
Level 10
Glenbrook, Australia

@Michael1207,

regardless of the details in the strata laws and whatever applies to your building, your Airbnb activities have obviously unsettled your neighbours. It may work out better if you were to communicate directly with the body corporate and find out exactly which particular issues, activities or occurances have triggered the letter. If you can address their concerns and manage things in a way which does not disturb the peace of mind and amenity of your neighbours, you may be able to continue to host airbnb guests. 

This push-back issue is not a lot different than having a stand alone home in a street. If your Airbnb activities do nothing to benefit your neighbours, and instead cause them disturbance or concern, you will experience a negative reaction. no matter what the actual law states as your rights.

If you can't work things out harmoniously with your neighbours, you will both experience a drop in your quality of life.

If you don't have positive and trusting relationships with your neighbours, they are less likely to support your activities.

Consider this: What are you doing to build good relationships with your neighbours? and what is the benefit to them from Airbnb?

best regards, Christine.

Al95
Level 2
Sydney, Australia

Hi

I got same problem. I am owner but Strata unfairly asking me to stop.

Strata is robbing our rights without any issues.

Please help.