Brisbane - Body Corporate Requested to Stop Airbnb

[Alex1276]

Hi all!

My first post here, but I'm sure this is a common occurance - I've read all the related threads and didn't seem to find one that was specific to my situation. 

Facts:

1) I have two listings, one for the spare room and one for the whole unit when I'm away (this is my primary place of residence)

2) I have been air bnbing since about Feb 2017 & the primary plan when I purchased this unit was to air bnb.

3) Body corporate recently passed a by-law against short term letting claiming the building has only been approved for class 2 residential. 

4) They have as of yesterday asked me to cease Airbnb effective immediately due to someone searching and finding my place online. 

5) I have had no complaints regarding any of my guests. 

I understand in QLD that the BC can't enforce any control over short term letting, just wondering, what people have replied to such requests?

I see signs of people getting reported to the council and then having to justify things to the council etc. 

What's the worst that can happen here?

Contemplating legal advice but aware that I don't want it to turn into an expensive situation or major fight. 

Thanks

Alex

[Janine178]

Hi Alex

what ended up happening?
I have a successful airbnb in sth brissie (last 2 years) and in the last 24 hours had 2 cards (in less than 24 hours!!!) dropped at the door of my unit... (not sure who let them in) from BCC asking for me to contact a compliance person..

I have not applied for anything and bought unit as i come and go for medical and defence work so let it out between times to cover the somewhat exhorbitant stata fees!
I have also had it let out to QPAC performers in Aladdin this year for 5 months (so not short term then)”

Any advice?? I am trying to work out if i am a home based business ? 

I have read some horor stories of people getting spot fines of 6k.... i am really stressed about it as i cant afford to have it sit there in between times....

Janine 

[Janine178]

Further to that when i bought it the by laws specifically said it was ok by body corp ... that they could not rule on it tho as a council issue so now i think the due diligence was not done approrpriately...

[Daniel2433]

Hi Alex - the worst that can happen is that Council can issues an infringement notice and fine you for operating an illegal use from your property.  Body Corporate is correct that they are approved to operate as a residential dwellings and not short term accommodation.  Renting out the whole property when you're away is short term accommodation but renting out a room when you are there could be considered a home business (bed and breakfast) depending on how you operate and the characteristics.  Any change to the property use (short term accommodation) would require a consent letter from the Body Corporate so if they don't want a short term accommodation then it wouldn't be considered by Council.

Hi Janine - Council have most likely received a complaint and sent a compliance office to review the property and how it is used.  They would issue you a show cause notice if they believed you were non-compliant with the planning scheme or building approval.  You would need to respond and get approval to avoid a potential enforcement then infringement notice. 

Hope this helps you both out.  If you need any help please let me know as I am a town planner based in Brisbane.

Daniel

[Michael2998]

We also received a breach notice from BCC due to a complaint. We have had a resident in the area that has not liked us doing this for quite some time.  We have a large house on a big block.

Two weeks ago, we had council officers come to the house asking our guest lots of questions.

Does anyone know what their process is with non compliance to their notices. How long do they take to enforce their rules and the steps that they use?

Michael