Is it possible to stop future sale of apartments to be used as Airbnb and can we impose a type of extra levy to the owners who benefit financially from short term rentals? – Frances, NSW
Q: My question is whether it is possible to stop future sale of apartments to be used as Airbnb and if we can impose a type of extra levy to the owners who benefit financially from the use of their apartments as short term rentals but extra costs incurred paid by strata.
A: For NSW strata schemes, it is only possible to stop apartments from being used as a short-term rental (e.g. for Airbnb) if the apartment is not the owners main place of residence. This may be achieved by adopting a model by-law.
As for extra levies/charges for owners who benefit from short-term rentals, you may be able to register a by-law that enables this. It will have to be passed at an extraordinary meeting as a special resolution and will require 75% approval among eligible voters.
It is worth noting that by-laws cannot be unjust, harsh, unconscionable or oppressive. In the spirit of enhancing community living, it may be worth bringing the issue up at a meeting as a talking point to discuss terms that are fair for all involved. This could help make the voting process easier, and provide less tension between owners in your strata scheme.