Strata by-laws to prohibit short-term rentals in certain circumstances

Strata by-laws to prohibit short-term rentals in certain circumstances

Changes to the Strata Schemes Management Act 2015 (NSW) will commence on 10 April 2020. These changes will permit a by-law being made that may prohibit a lot being used for the purposes of a short-term rental accommodation arrangement if the lot is not the host’s principal place of residence. These changes are in response to issues which have arisen between landlords (and their tenants) versus other building inhabitants in the case of Airbnb-style short-term lets. The changes are set out in Schedule 2 to the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW).

Code of Conduct – commencement update

The short-term rental accommodation Code of Conduct was expected to commence as well, however, given the current COVID-19 situation, coupled with the recent bushfires, the accommodation sector has been significantly impacted so the Code is now expected to commence alongside the Register and the planning instruments in the second half of this year, with the exact date to be determined in time.

Guidance on the amendments

In the coming weeks, the Department of Customer Service will be releasing further guidance in relation to the above-mentioned amendments to ensure that both strata organisations and managers are kept well informed in regard to these new changes, commencing 10 April 2020.

3 April 2020

 

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