This article is about Airbnb or short stay letting in WA strata apartments.
Question: Can a WA unit in a Retirement Village for over 55’s be rented out as short stay? The apartment is being rented out during holiday periods via platforms such as Airbnb. People letting the premises are not always over 55 or retired.
Answer: As to Short Stay accommodation, there are Local Council zoning requirements that are required to be complied with.
Over 55 strata schemes were covered under section 6A of the old Strata Titles Act. Restrictions, in general, are now covered in section 21 in the new Strata Title Act.
Any old strata schemes that were covered under section 6A still continue on and these are covered under the transitional provisions of the Act, Schedule 5 Clause 18.
The main thing is that the occupants must be over 55 or the wife or spouse of someone who is over 55.
Any occupancy that is contrary the to provisions stated in the Act would be in breach of those conditions.
As to Short Stay accommodation, there are also Local Council zoning requirements that are required to be complied with.
The strata scheme may not be zoned for Short Stay.
There have been a number of SAT applications where short stay use has been stopped as by-laws that have been registered require that the residence is used for that purpose: a “residence” which is someone’s permanent place of abode.
This post appears in Strata News #537.
Have a question about Airbnb or short stay letting in WA strata apartments or something to add to the article? Leave a comment below.
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