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I live in a 3 unit/villa strata in Sydney. We have an AirBnb in the middle and would like to pass a by-law prohibiting its use for short term rental, however as we all have a 33.33..% entitlement, this means if one unit votes against, this is more than 25% against banning short term rentals. Is there any solution to this situation? It is worth obtaining legal advice or are we forever condemned to needing all 3 units to vote in favour in order to introduce a new by-law or change an old one? Thanks.
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This may sound simplistic but how about you, quietly hold an electronic EGM with half a dozen minor issues and just bury the “no Airbnbs” by-law in the long grass, so to speak.
I’m thinking of procedural stuff like acknowledging the water saving procedures recommended by the council and deciding whether or not to declare your block a nuclear-free zone.
If the non-resident “host” doesn’t read the motions properly and you’ve hidden it in a welter of boring stuff, and in terms like “The owners corporation agrees to adopt, by special resolution, a by-law under the terms of Section 137A of the Strata Schemes Management Act, being mindful that Section 137A (2) permits short term holiday accommodation where the lot is the principal place of residence of the host,” it might sneak through
If the host owner doesn’t vote, or you have timed the EGM for the first week after levies are due so they are unfinancial and can’t vote, then you have your by-law and they will need a unanimous vote to change it or they will have to take you to NCAT to challenge it.
If they do vote against it, then everybody knows exactly where you all stand.
It would be an interesting one to take to NCAT, to argue that allowing owners to run holiday lets that directly upset two-thirds of the residents is unacceptable.
Failing that, there are myriad “informal” methods for keeping this particular brand of parasites out of our blocks, some of which are even legal.
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.
Whilst the idea of short terms let’s is abhorrent to most people, what is your real beef?
If you just don’t like the idea of a Short term let next to you, maybe reconsider your attitude to them.
If the real issue is that the property is let to noisy tenants, then you have the quite enjoyment bylaw to support you. On the first instance issue the owner with a notice to comply. You do not need an extensive history of this behaviour in order to issue the notice.
On the second instance take the owner to NCAT . The owner should be issued with a fine (that goes to the OC coffers).
You just keep doing the second action till the owner gets sick of paying fines.Make sure you have your ducks in a row. Day and time of disturbance. Call the police and have them attend so you have a record for the court.
I am going to assume your building is self managed and the committee is the three owners. A resolution to issue a notice to comply only requires a simple majority so the offending lot is unable to block if you have another owner support you.
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