This article about saying goodbye to short term letting in Victoria has been supplied by Richelle Berman, R Berman Lawyers.
Short term letting operations have caused havoc for owners corporations, even at the best of times. During COVID-19 however, short term letting posed (yes past tense) a greater risk to the health and safety of members and residents in apartment buildings.
Relief is here!
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On 8 July 2020, the Department of Health and Human Services released a document entitled Restricted Activity Directions, that includes reference to accommodation facilities that are now prohibited in Metropolitan Melbourne and Mitchell Shire.
Section 11 of the document specifically states that “A person who owns, controls or operates an accommodation facility in a Restricted Area must not operate that facility during the restricted activity period.”
Do Airbnb’s classify as an accommodation facility? They sure do! Airbnb are specifically listed as one such facility that must not operate.
There are some limited and reasonable exemptions, for example, if a person needs emergency accommodation, has no permanent residence within Victoria or requires accommodation for work purposes.
So what should your owners corporations’ do if short term letting operations are still happening in your building? Short term operators should be mandated to provide the details of short term guests, their usual place of residence and the purpose for which they are requiring the accommodation facility.
A circular should be sent to all residents notifying them of the effective ban on short term letting and requesting residents to immediately notify the building manager/concierge or owners corporation manager if they suspect an apartment is being short term tenanted so that the owners corporation can ascertain whether the persons are there for legitimate and legal reasons.
Richelle Berman
R Berman Lawyers
Email: [email protected]
Phone: 03 9077 1177
This post appears in Strata News #377.
Have a question about saying goodbye to short term letting in Victoria or something to add to the article? Leave a comment below.
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The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
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Happening more and more
Drug traffickers and prostitutes are flourishing in our over regulated society
***** The only solution is to keep in close contact with your building manager , the local police , council , body corp acting for your building
.
Learn/know your OWNERS CORP RULES — then report them to all above every time a contravention occurs .
Very few people want to help you for ethical reasons —– you have to let them know that you are not going to give up and will continue to report to them until something gets done .
It works !!! –
So it’s not a bye bye.
Only way to stop is fixing the security system. Get rid of the HID iClass or other crap systems and install a BIOmetric Fingerprints system with fingerprints saved in the keyfob so the residents cannot say anything about privacy laws.
Then you will be able to say bye bye to the short term letting as they won’t be able to access the building anymore
Your article is misleading and it is a pity. When some one says “Bye Bye“, it implies that they have left and will not return. STR have not left, they are still operating, they can still have guests over for 1 night, they just need to operate under strict conditions and no different to a hotel. The naive belief that STO only list on holiday platforms is ignorant. They have links to insurance companies, emergency services and community groups.