By Rachael Hammond

28 August 2018

The Owners Corporations Amendment (Short-stay Accommodation Act 2018 "the Act") shall come into force on 1 February 2019.

The purpose of the Act is to regulate the provision of short-stay accommodation arrangements (up to a maximum of seven days & six nights) in residential apartment buildings in Victoria.

So what are the changes?

Owners, tenants or managers can now complain to the owners corporation for a range of ‘guests’ conduct breaches including:-

  • Creating unreasonable noise or behaving in a manner likely to unreasonably and substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot;
  • Causing a substantial hazard to the health, safety or security of any person or occupier;
  • Unreasonably and substantially obstructing a resident from lawfully using or enjoying the common property;
  • Interfering with use and enjoyment;
  • Substantially damaging or altering common property.

Under the Act, Owners Corporations will be required to consider “short-stay accommodation complaints” (made by lot owners and occupiers) and must follow a procedure to make a decision to either take action, or take no action in relation to the complaint.

There will also be additional reporting requirements for the Owners Corporation at its Annual General Meeting in relation to short-stay accommodation complaints that were made, the action that was taken and the relevant outcome.

The Act will also give powers to the Victorian Civil and Administrative Tribunal (VCAT) to determine short-stay accommodation disputes. In determining a short-stay accommodation dispute, VCAT will have the power to make:-

  • A prohibition order;
  • A guest can be fined up to $1,100;
  • A loss of amenity compensation order in favour of an occupier of another lot which can be made for conduct which interferes with the other occupier’s ability to peacefully enjoy their lot and common property.

The maximum compensation that can be awarded is $2,000 to each affected occupier for each breach.

Click here to download our flyer: Short Stay Accommodation Explained.

 

For more information or any further questions on the topic please contact Rachael Hammond or a member of our Owners Corporation Team.

Related Articles

View All
Owners Corporation / Owners Corporations & Strata / Property & Development

Looking behind an Owners Corporation’s ‘special resolution’ to authorise legal proceedings

At an interlocutory hearing, the developer asked VCAT to dismiss the Owners Corporations’ proceedings on the basis...
Read More
Owners Corporation / Owners Corporations & Strata / Construction

“No Permit Building Work” in Victoria: When are owner legal claims ‘time-barred’ from being commenced?

However, there are limited situations where building work is carried out without a building permit:- Either the...
Read More
Owners Corporation / Owners Corporations & Strata

Combustible Cladding – VCAT’s Decision in the Docklands, Lacrosse Tower Fire Case

The following fact sheet provides a summary of the Lacrosse Tower decision: LU Simon Builders Pty Ltd “Docklands...
Read More
Owners Corporation / Owners Corporations & Strata

Making Owners Corporation law easy for committees to understand

Committees often have to deal with complex repair projects or legal disputes in the evenings or weekends when they are...
Read More
Owners Corporation / Owners Corporations & Strata / Planning

Cladding Rectification Agreements: what you need to know about getting a loan to replace flammable cladding

The new legislation, which came into effect of 30 October 2018, will enable local councils to enter into a cladding...
Read More
Owners Corporation / Owners Corporations & Strata

Important Alert: The new Owners Corporations Regulations 2018 (Vic) come into effect on 2 December 2018.

The new regulations include some exciting new changes including a new, practical Model Rule regulating the external...
Read More
Business Law / Construction / Employment Law

September 2018 Newsletter

September 2018 Newsletter See the full newsletter here Welcome TLFC Law are pleased to welcome Min Seetoh to the...
Read More
Owners Corporation / Property & Development / Owners Corporations & Strata

Considering renovating your apartment? Have you checked you legally own it?

Our population is growing and the construction of higher-density housing is booming Considering renovating If you opt...
Read More
Owners Corporation / Owners Corporations & Strata / Health & Aged Care

Owners Corporations & Retirement Villages in Victoria

People in Victoria over 55 years of age and who have retired from full time employment, may be eligible to purchase a...
Read More
Owners Corporation / Owners Corporations & Strata

Mobile Phone Towers on Melbourne Apartment Buildings

So, what does this mean for Owners Corporations Mobile phone towers are often installed on common property roofs of...
Read More
Australia-Israel Legal Advice / Charities & Not-for-Profit / Technology and Start Ups

TLFC – Award Finalist for Law Firm of the Year (Medium Category)

Tisher Liner FC are proud to be nominated as an award finalist in the 14th annual Victorian Legal Awards Medium Law...
Read More