Question: Can we have a by-law that allows short-term guests, but not their additional guests?
It is that time of the year again when short-term holidaymakers descend on what was built to for permanent residential owners (Standard Module). But as we all know, we seem to be stuck with short-term guests, many of whom disrupt our lives with noise and no care for our property.
So, what can be done when the onsite letting agent doesn’t want to police the activity of short term guests and the committee doesn’t want to know either. Some short-term guests come to the area to visit family and friends. As they stay in our lovely building on the river, they invite their family or friends in large numbers to come and enjoy our facilities, often taking over complete areas, especially the swimming pool and marina. Can we have a by-law that allows short-term guests, but not their additional guests?
Answer: You can’t have by-laws that apply to different types of occupants so the short answer to your question is no.
You can’t have by-laws that apply to different types of occupants so the short answer to your question is no.
However, most standard by-laws have a clause in them relating to responsibility for guests and if those guests are breaching the by-laws i.e. through excessive noise, leaving behind waste etc. it is possible that they would be in breach of the by-laws. Generally though ,by-law breach notices happen after the fact, by which time the short-term guests and renters may have moved on so it is more about taking action against the owner and trying to get them to apply limits on their tenants.
Is there a reason the committee is disinterested in the matter? Perhaps you could raise a committee motion for the next committee meeting and ask to discuss it. You could do the same at an AGM or general meeting if that was possible. You need to see if others are being impacted in the same way as you and if there is any support for trying to control the issue. If you can show that you have that then it gives more imperative to take action. For example it may not be possible to stop the guests coming to your site but it may be possible to communicate to owners and their tenants some of the issues and ways they could be eased.
This post appears in Strata News #630.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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