Airbnb (and others!) are here to stay.
During the second half of 2018, both Victoria and NSW passed legislation legitimising the spread of short-stay accommodation arrangements, such as Airbnb, to previously residential-only homes.
As of 1 February 2019, the Owners Corporations Act 2006 (Vic) (OC Act)1 now contains a prescribed complaints regime under which lots owners, lot occupiers and OC managers may lodge a formal complaint regarding short-stay occupants.
The grounds on which a complaint may be lodged include:
• creating noise likely to substantially interfere with an occupier of another lot;
• substantially interfering with the peaceful enjoyment of an occupier of another lot; and
• substantially damaging or altering a lot or the common property.
In an effort to encourage appropriate screening of short-stay accommodation occupants,
VCAT is now empowered to prohibit an apartment from being used for short-stay accommodation where a 'notice to rectify breach' has been served on the apartment owner on at least three separate occasions within 24 months.
On a practical level, the amendments impose a significant burden on owners corporations, requiring them to
• assess all complaints received;
• determine whether to take action in response to a complaint; and
• report annually on all complaints received.
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Sunday, 5 May 2019