The Tenancy Tribunal has just released a decision addressing operational rules and short term accommodation.
As you will see from the Tribunal Order here, the Body Corporate adopted a rule prohibiting owners from leasing their units for a period of less than 3 months. The intention being that this would stop short term letting. The detained decision, points to rights of unit owners under the UTA and various cases from the higher Courts regarding rules, and has held that the Body Corporate had no power to make the rule and it breached owners’ rights. Therefore the rule was found to be invalid and of no effect.
While there is the option for the Body Corporate to appeal, this is an important decision worth monitoring.
Click here to read the Tribunal Order.