Our complex by-laws state we can only short-term let our property. Are these by-laws valid, considering the current rental crisis? We were considering long term letting our unit as our holiday returns are very low.
The by-law may be a notice to owners for a particular town planning condition.
Assuming the scheme is regulated by the BCCMA, a by-law of that nature is invalid as it contravenes sections 180(3) and 180(4) of the BCCMA, which relevantly provides:
- If a lot may lawfully be used for residential purposes, the by-laws can not restrict the type of residential use.
- A by-law can not prevent or restrict a transmission, transfer, mortgage or other dealing with a lot.
However, in some circumstances, such a by-law exists as a notice to owners for the purposes of a particular town planning condition.
Accordingly, even though the by-law cannot be enforced against the owner by the body corporate, it would be worthwhile confirming with the council whether there are any restrictions on permanent letting.
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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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