The shop within the scheme holds lock boxes on behalf of lot owners to hand out to short-term guests. Our caretaker has a short-term letting license in our building. Is the shop a competitor? Can there be more than one letting agent?
I am the chairperson of a strata titled building in Qld. The building includes a shop within the strata boundary. I recently went into the shop and saw some key lock boxes on a shelf. A customer asked the shop attendant for a room key, and the attendant passed over a key.
I asked the attendant why they held so many key lock boxes. Owners who rent out their lots on Airbnb have arranged with the shop to serve as the designated location for their guests to pick up the keys.
Our caretaker has been granted a short-term letting licence. Would the shop handing out room keys be considered a form of letting? Can there be more than one letting agent? Can you run a business within a business?
Depending on what the by-laws provide for, the shop may have an issue competing with the caretaker as part of a letting operation from within scheme land.
Depending on what the by-laws provide for, the shop may have an issue in competing with the caretaker as part of a letting operation from within scheme land.
Owners are free to engage any person to act on their behalf as an agent (or assist them in providing services); however, it is the body corporate who is usually restricted from endorsing more than one letting agent. There may be an obligation here (depending on the by-laws) to seek to stop the competing letting from taking place from within the lot.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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