Queensland Short Term Letting Win! | Owners Corporation Network

Queensland Short Term Letting Win!

In considering the appeal against the Body Corporate Commissioner's adjudicatino, the QCAT Magistrate found: 1. The power to make the by-law prohibiting short term letting exists. It does not prohibit but merely regulates. 2. It is also very difficult to see how a by-law which is lawful in terms approved by the Privy Council and which has the lawful effect it seeks to achieve could ever be objectively unreasonable. It is hard to see how a 75% majority can be said to be oppressive when they simply exercise the powers the legislature has given them for a legitimate purpose. 3. The by-law is not misguided (even if that is a reason going to validity). It addresses concerns about nuisance by requiring only residential use. It relaxes that for any written letting over 30 days. It may be aimed at preventing short-term occupants because they are perceived as more likely to generate nuisances and be harder to regulate but the Privy Council has held that is not an inappropriate response. 4. I have held that short-term letting is not a residential activity within the context of these by-laws. 5. What a planning scheme or scheme of development permits in the abstract is irrelevant. What is relevant is what has been built and what that BC has decided to pass. This judgement is open to appeal, but the arguments by the Magistrate are very solid and take an holistic view of the body corporate legislation and landscape.

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