Short-stay accommodation legislation passed (Victoria & NSW)

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.

 Source: http://www.mondaq.com/australia/x/798906/real+estate/Residential+property+law+in+Victoria+2018+year+in+review+and+2019+outlook

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Marlene Liontis
Sunday, 5 May 2019

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