A Gold Coast Body Corporate has won an appeal to ban Airbnb rentals in their community after a 2-year legal fight.
An Appeals Tribunal approved a by-law from the Fairway Island Body Corporate which prohibited owners to let out their property for lettings that were less than one month. This was to protect the “special residential amenity of their community”.
Although this is the first successful ban that has been passed in Queensland for short-term letting, more than 99% of Bodies Corporate cannot prohibit short term letting and won’t be affected by the ruling. Despite what a lot of headlines have been saying, this will not cause an immediate ripple effect for the majority of other Bodies Corporate.
The Airbnb ban in Fairway Island, Gold Coast is the first successful ban in Queensland however, it is likely to only effect a small minority of Bodies Corporate throughout the state.
Most Strata communities in Queensland are governed by different legislation to Fairway Island where the ban was passed.
Fairway Island is governed by the Building Unites and Group Titles Act 1980 (BUGTA). Only a small minority of schemes in Queensland are governed by the same Act. The majority of schemes in Queensland are governed by the Body Corporate and Community Management Act 1997 (BCCMA).
The ban won’t affect all developments or apartment buildings.
For at least 99% of Bodies Corporate in Queensland they will still not be able to ban short-term letting. With more than 50,000 Bodies Corporate in Queensland, the ruling only applies to around 200 Bodies Corporate who are governed by the Building Unites and Group Titles Act 1980 (BUGTA). It is likely that only developments or apartments built before 1997 and not transitioned to the BCCMA regulations will be covered under the same legislation that was used for the Gold Coast complex.
You can find out what legislation your Bodies Corporate is governed by if you look at your AGM or Committee papers. If you have any questions specific to your scheme, please contact your Community Manager.
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