If my landlord allows me to list a spare room on Airbnb, can the body corporate stop me? – Aroha, QLD

Bodies corporate cannot restrict how a lot owner chooses to utilise their private property or what type of residential use its being used for, and that includes short term letting.

The body corporate is required to monitor:

• The administration, management and control of common property and body corporate assets; and
• Conduct that interferes “unreasonably’ with others in the property, which is normally enforced via the nuisance/noise by-law (but which has its origins in section 167 of the BCCM Act).

However, if a resident or a guest is interfering unreasonably with the use or enjoyment of other lots or common property, then the by-law contravention process prescribed by the BCCM Act should be followed. There should be sufficient evidence in relation to the breach of the by-law.

If you’re looking to use the property for short-term letting purposes, you should retain a proof of the agreement with your landlord or the property owner. Also, you and well as your guests should be aware of the by-laws and how their activities during their stay may affect other property owners and residents.

Here is a guide on Airbnb type short-term letting that you may find interesting.