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At the OCN seminar in Sydney on Sat 10th March reference was made by Stephen Goddard to a recommended wording of a by law restricting short term letting ( de facto serviced apartments). It is important that the by-law refer to “use” of the unit rather than types of letting contracts. The by law text was said to be on the OCN website or on the Our Strata Our Choice website, but I can’t find it on either site. Could someone please direct me to where it is or post it here.
These are the Turks and Caicos by-laws that were upheld by the Privy Council:
Each Proprietor shall … not use or permit his Residential Strata Lot to be used other than as a private residence of the Proprietor or for accommodation of the Proprietor’s guests and visitors. Notwithstanding the foregoing, the Proprietor may rent out his Residential Strata Lot from time to time provided that in no event shall any individual rental be for a period of less than one (1) month … (Emphasis added)
… not use or permit to be used the Strata Lot or any part thereof for any illegal or immoral purpose, nor for the carrying on of any trade or business other than periodic renting or leasing of the Strata Lot in accordance with these by-laws unless such trade or business activity has been approved in advance by the Executive Committee in writing, which approval may be revoked for cause.
However, I think a very simple by-law that would stand would be something like:
Owners, head tenants or sub-tenants may not use their lot for any purpose not permitted by any superior law, including local authority zoning, which restricts use of the lot to “residential only”, as defined in the scheme’s Development Authority, and precludes short-term holiday letting.
Or something like that. Check on the OCN’s website for their version.
The decision to formulate a generally available by-law template and post it on the OCN website was only made at the meeting on Saturday.
The principals involved want to make sure they have something watertight before they present it to their members. When they have, they’ll put it up and, hopefully, I will be able to pass that information on to Flat Chat readers.
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