Question: 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.
Answer: 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.
This post appears in the November 2023 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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