We received this question in from one of our NSW Lot Owners. In an attempt to create some discussion around the issue of short term lets in apartments, we’ve posted this question on the effectiveness of Airbnb strata bylaws without an answer.
Can Airbnb strata bylaws prevent short term lets in NSW?
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There is much debate and confusion around the subject of how much control (if any) strata bylaws can impose on lot owners to regulate, limit or even ban ‘Airbnb’ and other short-stay letting schemes.
According to NSW Fair Trading, Airbnb strata letting falls under the jurisdiction of various local council regulations and zoning requirements.
Strata building by-laws restricting short-stay letting, including Airbnb, have been declared ‘invalid’ by Fair Trading. Section 139 (2) of the Strata Schemes Management Act 2015 states that no by-law can prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot.
So, residents and/or owners of strata property can go ahead and sublet their lot (in part or in full) for Airbnb, regardless of any pre-existing by-law?
Strata by-laws telling owners that they must abide by local council zoning restrictions have been identified as invalid. As the local council ‘owns’ their local zoning regulation only that local council can enforce their zoning.
How can owners of an over 55’s zoned Strata property effectively manage their communities when the legislation governing Airbnb and similar short-stay letting schemes rests with (largely ineffectual) local councils?
To extend this discussion or add in your experiences of short term letting in your building, please reply below. We look forward to hearing from you.
This post appears in Strata News #151
Are you interested in more about the issue of short term lets in apartments and Airbnb strata bylaws or more information about strata living in your state or territory? Visit our FactSheet: Strata By-Laws and Legislation OR FactSheets: NSW Strata Legislation