You have been told time and time again that a body corporate cannot make a by-law banning short term letting or Airbnb within its strata community.
But a strata community we have been working with closely for almost two years put in place a by-law prohibiting lettings of less than one month as a means of protecting the special residential amenity of their community.
The by-law was overturned when the lot owner challenged it in the Commissioner’s Office. The strata community was successful in its appeal, and its by-law has been validated.
The reasons given by the appeal tribunal give a most compelling case for why a body corporate’s power to make by-laws is robust, and rightly so.