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ARTICLE · 09 MAY 2020

Strata Law Update - Short-term letting in NSW

Bartier Perry Solicitors
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If you offer your unit in NSW for short term letting through Airbnb or Stayz, take note of these legislative amendments.

AustraliaReal Estate and Construction
Melissa Potter
Melissa Potter
Irene Horan (Formerly With Bartier Perry)
Irene Horan (Formerly With Bartier Perry)
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If you are offering your unit for short term letting through companies such as Airbnb and Stayz, take note of the latest legislative amendments.

From 10 April 2020, an Owners Corporation can pass a by-law (by way of special resolution) prohibiting a lot within that strata scheme to be used for the purposes of "short-term rental accommodation" if that lot is not the principal place of residence of the lot owner. See new section 137A of the Strata Schemes Management Act 2015.

A special resolution means that 75% of votes must support the proposal at a general meeting of the Owners Corporation.

"Short-term rental accommodation" is defined as a commercial arrangement which gives a person the right to occupy residential premises for a period of not more than 3 months. See section 54A of the Fair Trading Act 1987.

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