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    AvatarBronsonT
    Flatchatter
    Chat-starter

    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.

    Thanks.

     

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