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Presumably, nothing that is yet to come out from the reports will have any affect on SSMA2015 and “Fair Trading’s” position on by-laws, as stated on their website, namely :
‘No by-law is capable of restricting a dealing in a lot, including restricting short-term letting’
What do you think ?
thanks.
So, If one wanted to direct the committee to somewhere which explicitly states their legal obligations (ie. to be honest, to act in good faith etc), where do you point them to ??
Yes, I could detail their dishonest behaviour, but I would expect in legislation somewhere (didn’t seem to be in SSMA 2015) that it is clearly stated what their obligations are, both legal & ethical. That way everyone would, at least in theory, be ‘on the same page’.
Millie,
The problem, in this specific case, is the by-law (re)defining ‘short-term’ rentals as 6 months. In doing so, there seems to be an intention to label any <6 month lease as a ‘Short-Term Rental’/’Holiday Rental’/’AirBnb Rental’, even if the rental is done via a RE Agent for 3-6 months. They then use these ‘loaded’ terms as a basis for prejudical and antagonistic by-law ‘ammunition’ against any owners (who might use their apartment 1-3 months a year themselves and leased out other times) or landlords who act responsibly.
Can someone tell me the problem, preceived or actual, with :-
– leases of a minimun of 3 months, thru a RE Agent
– leases which meet the local council’s DA/LEPs requirements
I would have thought councils & Govt acknowledges the need of these types of availability for : families relocating, renovators needing short leases, families visiting other family members, business etc. These are not the stereotyped AirBnB revellers/groups/partiers etc.
Thanks JimmyT,
You are quite right…my next step will be to request the info directly with the Strata Manager when he returns from Christmas/New Year leave.
But to be honest, the Strata Manager seems to just acquiesce/comply with the bullies on the EC ; to expect the Strata Manager to act impartially or ‘honestly’ seems to be beyond their capacity and would certainly make their job harder, so they just don’t do it.
On another note…
Having never been part of a Strata before, in Sydney there seems to be an intense antagonism towards ‘non-residents’, or owners who only spend a month or 2 in their apartment each year. Unaware of local council laws, when I orginally advertised for Short-term stays when I couldn’t get a long-term tenant, the critera was : minimum 1 week, no groups, only families. It is then you find out that apartment neighbours dislike : any noise from ‘strangers’, children, complain of crying babies, despise anybody & everybody…even other owners who they ‘dislike’ for incoveniencing them.
Oh well…welcome to Sydney, I guess…
Thanks PeterC.
It wasn’t the notice of the AGM via phone, as this was received in the mail. It was for the actual AGM meeting. OC member does not live in Sydney, so a ‘phone conference’ has been used at previous meetings, but because the owner had raised pointed questions etc before the meeting the Strata Manager/EC member simply chose to not make the call to the owner. Attempts by the owner to call at the meeting start time simply went unanswered.
It’s pointless raising anything to the EC. I intend to pose the stated question to Fair Trading….what do you think they might say ?
Thanks PeterC & JimmyT.
It’s pointless saying anything to the EC. I intend to pose the stated question to Fair Trading….what do you think they might say ?
Thanks, this is all very helpful.
It’s pointless saying anything to the EC. I expect they would say ‘That’s what the OC agreed to, so take it up with them….’. I intend to pose the stated question to Fair Trading….what do you think they might say ?
Surely an apartment owner can have their son/daughter or friends stay in the apartment (without the owner being present overnight) for a week-end/week/2 weeks etc without being bothered by by-laws which may/may not cover ‘short-term letting’ ?
Does it matter if they pay rent or not ?
I would have thought a ‘common courtesy’ email to neighbours &/or the EC would be more than reasonable.
Please advise.
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