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Home » Bylaws » Bylaws VIC » VIC: Will short-stay bans get easier to enforce?

VIC: Will short-stay bans get easier to enforce?

Published August 14, 2026 By Fabienne Loncar Leave a Comment Last Updated August 14, 2026

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Question: Will bans on short-stay accommodation be addressed in the upcoming strata legislation changes? Will enforcement of short-term letting be easier?

Answer: Short-stay bans themselves aren’t changing, but enforcement may become easier if nonmonetary VCAT action can be authorised by ordinary resolution instead of a higher threshold.

No, bans on short stay are still not going to really change, but it’s the enforcement that’s going to change. If section 18 now allows nonmonetary actions to be commenced by an ordinary resolution. What that means is the committee can enforce short-stay breaches, or short-stay rules themselves in VCAT directly, and possibly deter them that way. There’s already a section in the Act that lets you do a bit of a three-strikes-you’re-banned situation. That’s section 169D. It’s a prohibition order. If you get three breach notices, you can go to VCAT and ask them to ban that lot from short-stay use. No one’s done that yet, because it needs 75%. But if you can now get that as an ordinary resolution, that pathway might be more accessible.

This post appears in the September 2026 edition of The VIC Strata Magazine.

Fabienne Loncar
Chambers Russell Lawyers
E: floncar@chambersrussell.com.au
P: 03 8639 9804

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About Fabienne Loncar

Fabienne Loncar is a partner at Chambers Russell Lawyers with over 20 years of experience providing strategic, results-driven legal services to a diverse range of industry stakeholders. She advises on all aspects of owners corporation law including defect claims, legislative compliance, and dispute resolution. Fabienne combines technical expertise with a client-focused approach. She brings a strategic perspective and innovative thinking to each matter, delivering practical, actionable advice while anticipating future challenges. She is dedicated to being approachable and accessible and is recognised for her ability to guide committees and managers through complex legal and regulatory landscapes efficiently and effectively.

Her expertise includes advising and representing owners corporations in defect claims, non-compliant cladding disputes and recovery actions. This work also involves providing guidance on the interpretation and application of owners corporation legislation and rules, ensuring ongoing compliance with legislative changes. Fabienne’s experience extends to managing plan of subdivision and boundary disputes that impact property rights and shared spaces, as well as representing clients in VCAT and other tribunal hearings with a strong focus on advocacy and dispute resolution.

Fabienne’s additional expertise includes drafting and amending special rules, contracts and other governance documentation and coordinating multi-jurisdictional litigation, including urgent injunctions, complex claims and both commercial and residential disputes. There is also a strong focus on thought leadership and industry engagement through presenting at seminars, contributing to publications and delivering tailored education to committees, managers and other stakeholders.

Email: floncar@chambersrussell.com.au
Phone: 61 3 8639 9804

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