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  • #26514
    Jimmy-T
    Keymaster

      I’m going to go a step further than PS and quote the Hynes Legal article (and thanks for pointing it out):

      What can a Queensland body corporate do about it [short-stay letting]?

      We won’t keep you all in suspense. The answer is nothing.

      It goes on to explain …

      One of the most misconstrued aspects of strata living is the ability of a body corporate to come inside people’s front doors and impose rules.

      A body corporate has no ability to dictate what happens inside a lot outside those parameters. 

      This is supported by the BCCM Act which very simply provides at subsection 180(3) that if a lot may be used for residential purposes, the by-laws can not restrict the type of residential use to which it is put. And yes – that catches all of those ‘no lettings under three months’ and ‘no schoolies’ by-laws. These are simply unlawful and unenforceable.

      Now, I’m not the biggest fan of Queensland strata law.  Any and all of the many good things are undermined by the built-in corruption of allowing developers to sell mangement rights over which the owners – who have to pay the bills – have no say.  This is illegal in every other state in Australia for the very good reason that it serves only one purpose – to line developers’ pockets with money that they haven’t earned through contracts over which they take no responsibility. Scandalous!

      Queensland strata law is based on holiday letting whereas NSW and Victorian law is based on residential ownership.  Even so, I’m surprised that there is nothing in Qld law to protect bona fine holiday lets or residential tenants. Perhaps I shouldn’t be.

      I was talking last year to Garry Bugden – the ultimate authority on strata law here and overseas – and he told me he had devised the basis for what is now Qld strata law.

      However, he had proposed a two strand legal system for Qld strata.  One strand was for holiday lets (with the pre-sale of management rights) and the other was residential, where owners could choose their managers and negotiate their contracts.  The government caved in to developer pressure and went with the former system and ditched the latter.

      So, if as we suspect, unit prices are pushed up in holiday areas where Airbnb are most active, how do you think the Sunshine State’s developers are going to feel about it? The phrase ‘bring it on’ springs to mind.

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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