Question: I manage a short-term accommodation rental in our building. Recently, my disruptive guests caused havoc. The owners corporation has issued me a breach notice, threats and bullying behaviour but refuses to assist me in managing the problem.
A hotel manages the first few levels of the building. A few months ago, our building saw an increase in criminal activities. The committee increased security on the ground floor, where the hotel reception is located.
I manage a short-term accommodation rental in our building. A month ago, some people blacklisted by the hotel joined my guests in my lot, stole more than $1300 worth of belongings, and were very noisy. It was a nightmare! They returned, booking under a different name and misbehaved again three weeks later.
I’ve received threatening emails, a breach notice from our strata manager and a notice to comply from the council. I’ve asked the owners corporation and hotel to cooperate with me to solve the problem by notifying me if they identify the guests on CCTV or if I can install CCTV, but they refuse.
Can the owners corporation continue to threaten and bully me despite refusing to cooperate to solve this issue?
Answer: The onus is on lot owners to manage occupiers of their lot, not the owners corporation.
On 1 February 2019 the Owners Corporations Amendment (Short-stay Accommodation) Act 2018 (Vic) came into force, which aimed to regulate the increasing number of short-stay accommodation arrangements in residential apartment buildings in Victoria.
Under these rules, which are encapsulated in Division 1A, sections 159A – 159F of the Owners Corporations Act 2006 (Vic) (‘Act’), apartment owners are now liable for any damage, noise other disruption caused by their short-term guest, meaning a stay of 7 days or less. The rules allow other lot owners and occupiers to file complaints to their respective owners corporation about undesirable behaviour of short-stay occupants, including:
- Causing unreasonable noise or behaving badly.
- Creating a health, safety or security hazard.
- Obstructing the lawful use and enjoyment of the common property.
- Damaging either private or common property.
Once a complaint has been made, the owners corporation has the discretion to issue breach notices. If these notices are disregarded, the owners corporation may apply to VCAT to resolve the dispute.
VCAT, in turn, can:
- Ban the use of a lot for short-stay accommodation if a lot owner has received three notices from the owners corporation in the past two years.
- Fine guests up to $1,100 for disruptive behaviour.
- Award compensation of up to $2,000 to each affected neighbour.
The enforcement of breach notices and emails relating to short stay accommodation complaints may not constitute bullying. Rather, it is likely that VCAT would find this to be good building management by the committee and strata manager, particularly in circumstances where goods have been stolen and the council has issued a notice to comply with any local laws relating to short stay rental accommodation.
The onus is on lot owners to manage occupiers of their lot, not the owners corporation. In such circumstances, lot owners must be mindful of their potential liability under the Act to pay compensation or damages for loss of amenity caused by their short-stay guests.
This post appears in Strata News #666.
Fabienne Loncar Moray & Agnew Lawyers E: floncar@moray.com.au P: +61 3 8687 7319