WA: If there is no by-law prohibiting short-term letting in our strata block, can owners Airbnb?

Question: If there is no bylaw for our building prohibiting short term letting, and the local council has no restrictions. Can owners short term let?

There is no by-law in my Western Australian block of flats prohibiting short-term (eg Airbnb) lettings. However, Schedule 1 of my by-laws does say:

LEASING OF LOTS

Prior to the leasing of a lot the proprietor shall before the commencement date of the lease —

1. Inform the strata company of the name of the proprietor’s managing agent for the lot (if any) and the name of the lessee. This information shall be recorded on the strata company roll;
2. provide the lessee with a copy of the strata company by-laws;
3. provide to the strata company a copy of an executed and stamped lease and ensure that such lease states that any non-compliance with the by-laws of the strata company shall default under the terms of such lease.

Does this by-law apply to, and or prohibit short-term tenants such as Airbnb or is it only relevant to tenants with a long-term lease under a Residential Tenancy Agreement?

The local council does not appear to have any short-term letting restrictions.

Answer: The most obvious disagreements with short term letting is the overuse of common property facilities and the comings and goings of people at all hours of the day a night.

When in doubt, consult the by-laws…

Schedule 1 Duties of Owner

1. The owner of a lot must —
   1. notify in writing the strata company immediately on becoming the owner of the lot, including in the notice the owner’s address for service for the purposes of this Act; and
   2. if required in writing by the strata company, notify the strata company of any mortgage or other dealing in connection with the lot, including in the case of a lease of a lot, the name of the lessee and the term of the lease.

Also, be familiar with what is in the Act as well…

Section 105 Roll to be kept by strata company

4. The particulars to be entered in the roll are —
   1. the name of the strata company; and
   2. the name and address for service of each member of the council, or officer, of the strata company; and
   3. the name and address for service of the owner of each lot; and
   4. the name and address for service of each strata manager of the strata company; and
   5. the name and address for service of any lessee or tenant of a lot notified to the strata company; and
   6. the name and address for service of any mortgagee of a lot notified to the strata company.

So by implication of the requirements of the Act, there is a requirement to keep a roll of the tenants who have a lease.

The most obvious disagreements with short term letting is the overuse of common property facilities and the comings and goings of people at all hours of the day a night. I have no doubt that the additional noise created would disturb the peaceful enjoyment of other owners who reside in the strata scheme.

Some Local Councils have their own use requirements for residential strata schemes in that the purpose of the building is not zoned for accommodation on a short term basis.

A by-law specifically banning short term use should or could be registered if it is correctly approved at a general meeting of the strata company.

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au