Short-term Letting Update The Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW) was recently passed by both Houses and assented to. It has introduced a new Section 137A to the strata legislation which states that a by-law may prohibit short-term letting for non owner-occupiers. In other words, a by-law cannot prevent an owner-occupier…
Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop? Answer: Your neighbour may not use their lot in such a way that causes nuisance…
Question: Is the front door common property or the responsibility of the owner? Do lot owners need to seek permission to install deadlocks? Answer: Subject to any notations on the strata plan and applicable by-laws, a front entrance door is common property. As front doors are “fire-doors” for fire safety, the installation of additional…
Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal. Answer: If you can demonstrate your animal meets the requirements of a companion animal for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your…
Despite the highly anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes unless they are assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth. So, you have a statutory right to keep an assistance animal within strata. However, if your animal is…
Is a by-law prohibiting AirBnB accommodation lawful? After some 3 years of community and industry consultation, last Tuesday, the NSW government announced its proposed new laws to empower Owners Corporations to ban AirBnB rentals and similar online short-term letting accommodation. Residents will remain unaffected by the proposed new laws. In other words, owners and tenants…
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