Posted by: Tom Wood | Date: 18 April 2018
A recent decision in NSW has made it for difficult for body corporates to stop apartment owners from renting out their property on Airbnb.
In the case of Estens v Owners Corporation SP 11825  NSWCATCD 52, the NSW Civil and Administrative Tribunal found that body corporate by-laws which prohibit short term letting breached the strata law principal which provides that body corporate by-laws cannot prohibit or restrict the operation of an owner’s lot.
In Queensland, it is clearer. Legislation provides that if a lot may be lawfully used for residential purposes, then the body corporate by-laws cannot restrict the type of residential use.
This means that regardless of what the by-laws may say, if the unit is a residential unit, the body corporate cannot stop you from renting it out on Airbnb.
Before going ahead and listing your property, we strongly recommend that you first obtain legal and town planning advice. This is because the zoning and development approval for the building may restrict a type of letting, short or long term.
If you are deciding to whether to list a house or unit with Airbnb, feel free to contact our Property & Projects legal team to discuss your options.