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ARTICLE · 13 NOVEMBER 2017

Bye, bye by-law: NCAT finds short-term letting by-law invalid

Sparke Helmore Lawyers
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The NSW Tribunal (NCAT) recently ruled that an owners corporation's by-law prohibiting short-term letting was invalid.

AustraliaReal Estate and Construction
Wyn Davies
Wyn Davies
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In what is expected to be an ongoing and controversial decision, the NSW Civil & Administrative Tribunal (NCAT) recently ruled that an owners corporation's by-law prohibiting short-term letting was invalid.

Strata plan 11825 is a five-lot residential strata scheme in Sydney's eastern suburb of Woollahra. One of the owners in the scheme, Ms Estens, enjoyed travelling and rented out her unit on Airbnb while she was overseas. Another owner in the scheme, Ms Tesoriero, complained of Ms Estens' Airbnb guests using the common laundry and drinking beer on Ms Estens' deck. Shortly afterwards, the owners corporation passed a by-law prohibiting short-term letting at a general meeting and the by-law was registered with NSW Land & Property Information.

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