Since the rise of AirBnB, many communities have felt the deleterious effects of short term letting.   Conversely, a lesser publicised but equally important issue has stayed in the industry for longer: buildings developed for short term accommodation having to contend with long term tenants.  Bodies corporate are frequently told that they cannot restrict how long […]

Fairway Island: the only strata community in Queensland that has banned short term letting Six months ago a decision by a Magistrate was released which upheld the validity of a by-law that prohibited lots within its strata community from being let for one month or less.  Our article on that decision is accessible here.  The […]

On 24 March 2020, Coronavirus Economic Response Package Omnibus Bill 2020 received assent. The effect of the bill is to soften the economic and financial effects COVID-19 is having on Australian individuals and corporations. Included in the Bill are changes to the Bankruptcy Act 1966, Bankruptcy Regulations 1996 and the Corporations Act 2001. The changes […]

As we all know things are changing rapidly and Court and Tribunal matters are no different. All of the Courts and Tribunals (NCAT) have set up systems and procedures that keep the wheels of Government moving along. So in reality whilst there will be obvious disruptions to some services and the gathering of information and […]

We have all seen the most recent orders from the Government about using public pools, gyms, etc (Order) effectively closing them down. We have now turned our minds to the pools and gyms in strata and community schemes (Schemes). With things moving at the speed of light the main thrust of everything is to protect […]

We have been inundated with questions and queries on debt collection in these trying times. What should we do? Is it fair? How long with this last?  How do we pay for other things? As with any legal answer “it depends”. It depends on the schemes finances – if they need money and some aren’t […]

Only days ago, the Australian Government urged non-essential gatherings of more than 500 people should be cancelled. Just this morning, that was extended to a ban on indoors gatherings of 100 people or more. On Monday, President Trump called for Americans to avoid social gatherings of more than 10 people. While some may debate whether […]

Introduction An adjudicator recently ruled that voting papers sent to a body corporate manager were invalid as they were not given in compliance with section 84(2) of the Accommodation Module.  Section 84(2)(b) provides that a voter casts a written vote by giving the voting paper to the secretary (by hand, by post or by facsimile) […]

Grace has recently been successful in a decision before the Supreme Court in Singh v The Owners – Strata Plan No 11723 and Ors [2013] NSWSC 1595 where orders were made pursuant to the Vexatious Proceedings Act 2008 (NSW) against a lot owner, prohibiting him from instituting any further proceedings in NSW (known as a vexatious proceedings order) against […]

The Fairway Island appeal. 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 […]