Gold Coast Body Corporate Succeeds in Banning AirBnb from Its Complex
Gold Coast Body Corporate bans AirBnb from its Complex. An appeals Tribunal has upheld a by-law from a Gold Coast body corporate banning short-term letting from its complex.
In a Queensland first, short- term rentals have successfully been banned from a Gold Coast complex, namely Fairway Island Body Corporate, preventing lettings of under a month. The decision was made to protect the ‘special residential amenity of their community’.
The by-law (established by Fairway Island itself) was initially overturned, when the lot owner challenged the decision in the Commissioners Office.
Fairway Islands was permitted to make the by-law pursuant to the Building Units and Group Titles Act 1980, even though the Body Corporate and Communicate Management Act 1997 (BCCMA)restricts any activity that limits the type of residential use that can be made of the lot.
The Magistrate in his ruling outlined the lots in the complex were designed for privacy. “The True character of the by-law is to ensure that only people who have some long term commitment to the premises occupy them”.
He further explained that the conditions of long-term residents are that “they are residents there and subject to some longer-term control over their behaviour”.
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