Recently a meeting was held at Girraween Sports Complex where the many stakeholders involved in and impacted both positively and negatively were able to put forward their experiences.
From the points raised by attendees, there was a distinct difference between the types of listings, and impacts. Residents that originally joined online short stays portals such as AirBNB and Stayz to offer a room in their house to holiday makers as both an avenue to share their home and make some extra income did not seem to be the cause of concerns raised in the meeting and with the MP’s office so far.
From the stories relayed on the night and letters to our office, it was houses or units that were let out without a resident in situ, or with an appropriate manager or management plan in place to ensure compliance to local and State laws. The issue of units being utilised in body corporate managed complexes was also brought forward, and there was voiced examples where Body Corporates were able to set their own set of regulations regarding short term stays. I am currently investigating this further, however here is some preliminary information that was provided;
Recent decisions in the WA Court of Appeal and a separate matter in the UK’s Privy Council (which relied heavily on the WA decision) have far reaching ramifications for short-term on-line lettings in strata buildings. With properly drafted by-laws, it seems that a body corporate can restrict AirBNB / Stayz type lettings of whole apartments in residential strata buildings by imposing a one month minimum stay requirement.
The full story here:
http://www.wolterskluwercentral.com.au/legal/property-law/can-strata-law-restrict-airbnb-style-holiday-lettings-new-legal-decision-game-changer/
The Owners Corporation Network (OCN), a peak not-for-profit representing unit owners including in Queensland prepared a submission in October 2017 to the NSW Government’s Short-Term Letting Options Paper. The OCN advocates for body corporates to be able to decide whether or not they allow short-term letting in residential unit blocks (not resort units which are intended for short-term letting).
Impacts from short term lets in residential areas for holiday lets have been of concern in locations for some years. The State Government made amendments to the Sustainable Planning Act 2009 by assenting to the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014(the Act) which introduced a new Chapter 9, Part 7A in SPA to include the regulating of ‘party houses’.
This legislation has not as yet been utilised in Noosa, and according to Council will be introduced in its next planning scheme which is currently being drafted. From our understanding they have also been investigating a number of other aspects including codes and compliances, classifications of ‘use’, pro rata levies, and having access to the locations of those that utilise online portals.
Currently the State Government have put together a ‘Task Force’ to bring a report to Parliament regarding the short term stay issue. The report is due out shortly, and will give opportunity, if not already in the report, to request reviews of associated legislation such as the Body Corporate Management Act (BCCM).
As more information comes to hand we shall be posting updates here, via Facebook and our monthly newsletter.