- This topic has 3 replies, 2 voices, and was last updated 1 week ago by .
07/01/2020 at 11:46 pm #47554BronsonTFlatchatter
Hi Flat Chatters.
I would like some advice on the options available to stop owners/agents letting out their lots for STL.
Since the advent of online booking systems like AirBnB etc the building has gradually had more and more owners take up the opportunity of a quick buck and the apartment block now has the appearance of a quasi hotel with multiple transients and their suitcases hanging around the foyer just about every day and at all hours.
There is no doubt in my mind that several apartments are being let for STL purposes.
But what I don’t know is whether or not the particular STL owners are aware of it or not, ie some agent(s) that specialise in STL may have conned some owners with a rental guarantee and then advertised them online for STL without the owners knowledge.
The building is in NSW and close to amenities and tourist attractions so I can understand why it is attractive to the STL market.
The building has a specific bylaw that that mentions that owners/occupiers must comply with the development consent of the building and, a recent property search determined that there is an 88B attached to the Deposit Plan that specifically mentions that STL is prohibited.
So my own thoughts are that STL is not allowed and the culprits are breaching at least one of the bylaws and also breaching the development consent.
Question is what are the options available (via the EC and Strata manager) to have the STL stopped in the building:
Do we also need a specific bylaw that prohibits STL or is the one we have re complying with development consent sufficient?
Can the EC/SM simply issue them with a breach notice and 7 days to comply then deactivate the culprits security swipes if they don’t comply, then wait for the fallout to see if they have the gall to take the OC on at NCAT?
Should the breach notice be sent to the owners or the agents?
Should it be reported to the local council and, what action are they likely to take?
Is it best just to follow the legal process of breach/mediation/NCAT etc? My concern with this option is the length of time it may take.
What evidence would be required to prove that the owners/agents are in breach of both a bylaw and council development consent?
Any advise would be greatly appreciated so that I can get some action started on this.
08/01/2020 at 2:22 am #47603Jimmy-TKeymaster
- This topic was modified 1 week, 3 days ago by .
Your by-law demanding compliance with the DA for the building should be enough. Your challenge is to prove that the visitors are holiday rentals.
Strategically placed cameras on common property should gather the evidence you need and but you can start issuing Notices To Comply as soon as you are sure short-term letting is occurring.
Our friends BnbGuard will help with the evidence gathering.
Regarding the cancelling of swipe cards, what I would do is send out a notice to all owners that they are required by law to register the names of their tenants (under Section 258 of the strata Act), subject to a maximum fine of $550. Fourteen days after you issue the notice, you announce an “audit” of all swipe cards, citing concerns about security breaches.
This audit will require the registered tenant to present their swipe card and 100 points worth of identification, to the building manager, strata manager or secretary on a certain date. After that, you could just cancel the cards and say unknown people had been seen entering the building and the cards were cancelled as part of a follow-up to the security audit.
Be ready for very angry holidaymakers who can’t get into the building and homicidal holiday rental “hosts” who will soon be losing money hand over fist. But if you hit them hard with every option available to you, they’ll soon get the message and go elsewhere.
But call Bnbguard – they are the experts in this.10/01/2020 at 5:26 pm #47750BronsonTFlatchatterChat-starter
Thanks for the advise JimmyT.
I’ll pass your suggestion on to the EC and/or SM to see if I can get any action started.
Assuming they are prepared to do the audit, then during the 2 week waiting period they should be able to also start gathering some evidence.
Could this also be used to pass on to the ATO, the local council and also for any NCAT process that may result in the swipes being cancelled?
I’ll try to keep the forum updated with any progress.
[This post carried excessive amounts of Apple-generated coding which had to be edited out. In future, please save in a generic text format before copying and pasting. Thanks – JT]
10/01/2020 at 5:33 pm #47759Jimmy-TKeymaster
- This reply was modified 1 week ago by .
The ATO will happily accept information about anyone raising income and potentially not declaring it for tax purposes.
The local council will do nothing becasue they don’t have the financial wherewithall to pursue planning breaches of this nature (which is precisely how Airbnb gets into residential markets all around the world).
And NCAT love videos, emails, diaries, written records and recordings as evidence of breaches – otherwise it’s just “he said, she said”.
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