Australian Hosts Specific Forum/ Strata Issues

Australian Hosts Specific Forum/ Strata Issues

Ive been searching for awile now on the Airbnb and site, im unable to find an help or support that relates to Australia. Airbnb isnt legal here yet and our laws regarding accomodation date back to 1986, before the internet. Would be great if Airbnb supported a country specific help service where we can talk with other local hosts about issues we are having. 

 

Anyway im trying to find information on if anyone has had any luck with dealing with issues with strata. We have been hosting for over a year without issue but recieved notification this week that we are in breach of by-laws and risk being evicted if we dont remove our spare room from Airbnb. 

After some investigation we are compliant with our tenancy agreement, we live in the peroperty 100% of the time and have a 12 month lease, we only have our spare room as avaliable. We have never lease the entire apartment. The strata are trying to say we are breaching sub-letting laws and short term accomodation laws. 

If anyone one has had this issue and may know of someone we can contact in australia regarding this please pass on their contact information. 

 

Kind Regards,

 

Simone and Jay

 

6 Replies 6
Robin4
Level 10
Mount Barker, Australia

@Simone107....Hi Simone, this is always an issue when strata title or condo management are involved. They are generally run by a committee of owner/residents and they do tend to make laws that suit themselves.

You can take them to task if you feel that you are not breaking any statutory regulations but remember, you do have to live with this community and their rulings. I would suggest you try to offer the committee some sort of a carrot that may give them the opportunity to allow you to proceed with what you are doing....ie, a percentage of what you earn through hosting to be paid into their maintenance fund! It's amazing how this can bring them around to your way of thinking!

 

Airbnb will request that you make sure you have relevant approvals from all sources before you offer a listing, but will not get involved in matters such as you are experiencing.

As to your comment about lack of support from Airbnb in Australia, I can assure you there is ample support available here, and Oz is possibly amongst the best supported countries in the world.

You can contact Airbnb on their Sydney number 02 8520 3333 or else through Airbnb's Facebook page! If you have a Twitter account this is also another avenue of contact but with the speed of access with the phone system I would suggest you give them a call by phone and discuss any issue you have with them that way.

I hope you can get things to work out positively for you....Cheers.....Rob

Hi All,

 

I am new to hosting with AirBNB ad within our first month of hosting , have had issues with strata claiming that we are not allowed short term rentals. They have also complained to local Council who insist that we apply for a 'Change of use' with Development applicatipn. I believe that there has been cases in Victoria and Sydney where owners have won against strata management as their laws are archaic and prevent the evolution for tourism.

How can short term rental be any worse than a 6 to 12 month rental? With short term stays, owmners have much better control of their guests and can monitor guestes through Air BNB's star ratings before you accept them?

If anyone has been through this ridiculous 'road block', can you please share?

I believe that Air BNB should also assist, as it will mean better business for the organization by assisting in the chnaging of Strata laws?

 

Ross

 

 

@Ross-And-Lorrraine0...As you are new to hosting you are probably not aware of the implications of short term rental of a property.

 

Off the top, Landlords and property managers will FORBID short term rental because you void their building insurance! The reason for this is that you have altered the scope of coverage that the insurance company accepted when they issued a policy.

Secondly long term tenants will treat and keep the property much as they would if it was their own, and statistically there is a higher risk to the property with short term renting than with long term rental.

There are specific insurance companies that offer long term rental insurance to Landlords...Terri Sheer is a probably the major one in Australia but they will not cover short term rental insurance.

Thirdly Landlords go through a considerable verification process before they agree to let their property to a tenant. With short term rental in their property they have no idea or no way of verifying who is in their property at any given time, and this is a risk all Landlords are not prepared to take.

@Ross-And-Lorrraine0, you can fight them on this but it won't do you any good I am afraid! We see this scenario every day on every continent and the regulations are basically the same everywhere.

And even Airbnb will tell you that it is your responsibility to ensure that you have all necessary approvals to short term rent before hosting! It is not up to ABB, it is up to you!

Even property 'owners' who short term host will have their property insurance cancelled if an insurance company finds out short term rental is taking place in their insured space. Although, here in Australia there are a number of companies who do offer short term rental insurance but I have no idea how these companies sit with building landlords, they appear to be more geared to individual property owners.

I wish I could give some better news guys but you are not on your own here. Many thousands of hosts who rent properties around the world are faced with the same thing, and I am afraid the landlord has the right to force you to stop.

Cheers.....Rob

Hi Ross and Lorraine

Just wondering how you ended up on the dispute with the Strata Company/Council?

There have been some interesting cases before courts and tribunals lately in Australia.

I have been running short-term rentals for 10 years. All in Strata Buildings.

The one's I have been running in Palm Cove for 7 years are in a complex where the permitted use if 'short-term' so no probs there.

In Qld a Body Corporate 'cannot' have a bylaw that prohibits short-term letting.

It's not up to a body corp, it's about the permitted use, which is a planning issue with the local government.

There is a recent decision (think it was State Administrative Tribunal - WA, that might give you some joy?

Let me know if you are still having problems and I'll let you know more.

Also NSW decision (appeal to original decision) could be good news.

Anyway, I'll wait to hear from you:)

Cheers

Pip

Lisa658
Level 10
Hervey Bay, Australia

Hi @Pip6

 

If you don't add the @ symbol, then @Ross-And-Lorrraine0 may not know that you have replied unless they are following the thread.  By tagging them they should get an email. 

 

You can also log in and hover your mouse above the profile photo and have the option to send a direct message.

 

Just making this comment here as it would be a shame for your offer of help not to be received, Lisa

Di74
Level 1
Bathurst, AU

Hi

I'm reaching out to hosts in the Sydney Northern Beaches Area to check whether anyone has any experience with the Manly local council requirement to submit a Development Application to allow us to use our property for short term rental accomodation?  We are the owners and the body corporate has no issues. Any info would be greatly appreciated.

Thanks Di