New Laws to Regulate Short Term Accommodation

The NSW Government proposes to change the laws regulating short term accommodation in NSW.

Recently, the key aspects of those new laws were published for public comment and submissions. The submission period has now closed.

In this article we take an in-depth look at those proposed changes to the laws regulating short term accommodation.

We consider the impact those changes will have on strata laws and planning laws (and strata living) and also review the key features of the Code of Conduct that will regulate participants in the short term accommodation industry.

What are the Proposed New Laws for Short Term Rental Accommodation?

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.



Proposed Changes – Short Term Accommodation Laws

The NSW Government is currently implementing a new regulatory framework for the short-term rental accommodation industry.

1. The framework includes:

  • Changes to planning laws
  • A mandatory code of conduct
  • Introduction of an industry-led register of short-term rental accommodation properties

2. The NSW Government is seeking feedback on the following:

  • Draft ‘Code of Conduct for the Short-Term Rental Accommodation Industry’ (the Code) that will apply to hosts, guests, online booking platforms and letting agents
  • Draft Fair Trading Amendment (Code of Conduct for Short-Term Rental Accommodation Industry) Regulation 2019 that will support the Code’s implementation
  • Proposed introduction of an industry-led short-term rental accommodation property register
  • Draft planning instruments, which will allow residential premises to be used for short-term rental accommodation under certain conditions and provide a state-wide definition of short-term rental accommodation

3. Have your say on the short-term rental accommodation reforms.


PROPOSED LAWS – HAVE YOUR SAY HERE!

For all strata legal and levy recovery advise contact us here or call 02 9562 1266 we would be happy to assist.



Short Term Accommodation Top 3 Key Changes

Late 2018 the NSW Government announced its intention to make changes to the laws regulating short term accommodation in NSW.

The Government proposed to make three key changes to short term letting laws. In the attached article we take a closer look at those changes, including:

  • Code of Conduct
  • Short Term Accommodation By-laws
  • Exempt Developments
  • Comments about the Proposed Amendments
  • The Wash Up

So, what are the proposed Short Term Letting Changes to the Law? 

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

 



Short Term Lettings & Airbnb – Hot Topics in Strata.

Short term accommodation, can it be stopped?

Does short term accommodation require Council approval or is it prohibited in most local government areas in NSW?

Is a by-law still an effective way to prohibit short term accommodation in a strata scheme?

We’ve prepared a short paper to help you understand the ins and outs of this area of strata law Short Term Accommodation.

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.



Strata Lawyers Dissect Anti-Airbnb Laws

It’s widely accepted that holiday lets have a more profound effect on apartment blocks than stand-alone dwellings, for obvious reasons.

Late last year, the Privy Council in London ruled on a piece of overseas strata legislation that was basically a cut-and-paste of NSW strata law, section 139 (2), which says that by-laws can’t interfere with owners letting their units.

But what do the ‘legal eagles’ think…

Adrian Mueller of JS Mueller & Co says that rather than a by-law restricting the number of days a property could be let I would… “Advise the owners corporation to make a new by-law that would prohibit an owner or occupier of a lot using the lot … for unlawful short-term accommodation”.

To read the full Australian Financial Review (AFR) article click here  Strata Lawyers Dissect Anti-Airbnb Rules.

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.



112 Days Until a New Era for Strata!

Approved and commencing on 30 November 2016 the new strata laws will come into play.

The final Strata Schemes Management Regulation 2016 will be published on the NSW Government Legislation Website.

You may also read the final Strata Schemes Management Regulation 2016 here.

These new laws will give strata communities the tools to effectively run their scheme and shape their own by-laws.

Complying with the laws
Some of the new requirements have a transition period, giving strata schemes time to comply. An example includes strata managing agent appointments, which continue for a period after the laws commence (for the duration of the term of appointment (up to a maximum of 3 years), or 6 months after the new laws start – whichever is the later).

The new building defects bond requirements will start on 1 July 2017 (and only applies to new strata schemes). This will allow for the new Australian Standard for inspecting group title buildings to be adopted as the standard for the defects inspections.

Next steps
If you own, rent or manage strata, become informed and help your strata scheme or clients to prepare by sharing the link to ‘Major Changes to Strata Laws‘ information. You can also read the media release –  A New Era for Strata.

NSW Land and Property Information (LPI) is due to release the final Strata Schemes Development Regulation 2016 later this year.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.



Once an Icon – Now a Pile of Rubble

Senior Lawyer, Adrian Mueller reminisces…

“In 1980 my parents took me to the Gold Coast for a holiday. It was my first adventure in Queensland. I was 2 years old. We stayed at the (in)famous Iluka hotel.

The Iluka was built in the 1970’s. It was an iconic building – one of the Gold Coast’s first high rises. It had 72 luxury apartments and was a stone’s throw from Cavill Avenue.

It held fond memories for me and, I imagine, many families who enjoyed wonderful times together at the Iluka.

You can imagine my horror when I recently discovered that the Iluka has been demolished. Why? Because of concrete cancer.

You see the owner of the building was faced with a dilemma. Repair the concrete spalling which had been left untreated for decades at exorbitant cost or demolish the building. The owner chose to demolish.

A leading architect Professor Holden, Head of Architecture at the Griffith University in Qld, has said that high rises built in the 1970’s have an average lifespan of 40 years.

That is a sobering thought for apartment owners many of whom cannot afford special levies to repair widespread concrete spalling.

So what is the solution? For some buildings, it may simply be too late. The Iluka is a case in point.

For other buildings, the key is preventative maintenance. As unpalatable as it might be, apartment owners need to realise that spending a little to detect and treat concrete spalling at an early stage saves money in the long run.”

Adrian Mueller also acknowledges that the challenge for strata managers and other stakeholders is to convince owners to invest in proactive maintenance to protect their investment by spending a little in the short term to save big money down the track.

Says  Adrian “Convincing owners to spend now to save later is no mean feat. But it is achievable. And doing so can avoid potential disasters.

I will miss the Iluka.”

Adrian specialises in strata law and those areas of the law that particularly deal with building defects.

“An apartment is someone’s home and most valuable asset. That is something worth protecting and knowing where you stand is vital” says Adrian.

For more information on concrete cancer, visit the following websites – Concrete Cancer or Remedia Structural Repairs

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.



Short Term Holiday Letting Exposes a Hole in Insurance

Short term lettings might void strata insurance policies leaving no cover for property damage caused to strata apartments and common property by unruly tennants.

This issue came to the fore again last month when a Canadian couple returned to their property to discover it had been wrecked by visitors who had booked the property via the popular Airbnb site.

Unfortunately, short term lettings of strata units are becoming a major contributor to building disharmony with the current law not providing effective solutions.

At JS Mueller & Co we believe each building is different and that the problem of short term lettings can only be dealt with properly by way of specific by-laws giving owners corporations greater powers to deal with the problem.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.



Strata Managers Forum – Short Term Tenancies

Short term tenancies have long posed problems for community living.  The problem most commonly arises in communities where there is a mixture of permanent residents and short term tenants.  Issues of noise, damage to common property and inappropriate behaviour are often attributed to short term tenants.  Short term tenants vary from backpackers to holidaymakers to short term workers.

Strata schemes have tried to both regulate short term tenants and prohibit short term tenancies by use of by-laws.

Effectively regulating the behaviour of short term tenants has proved difficult.  Short term tenants are exactly that, short term, and are not generally around long enough to be effectively subjected to the laborious and lengthy procedures set out in the Strata Schemes Management Act 1996 (“the Act”) for enforcement of by-laws.

Click below to download the presentation and full paper on Short Term Tenancies from our April 2015 seminar:

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.



11 Steps to Combat Short Term Letting

As any Airbnb (and similar sites) convert will attest, where there’s a spare bed, there’s money to be made. But while the rise and rise of short-term letting sites have delivered a windfall to many apartment-owners for some, its days – or nights – may be numbered.

Many residential committees are hitting back at apartment owners who sublet their lot’s, blaming loud parties and bad behaviour for the move to stamp out the unofficial ‘bed-and-breakfast’ businesses.

It’s apparent that many Australians are fed up with the issues surrounding short term letting and are looking for solutions.

Bruce Bentley, expert Strata Lawyer provides ‘eleven steps to combat short term living’ inclusive of case studies and a podcast. Click below to download his paper inclusive of case studies.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.