By Phillip Leaman

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 Phillip Leaman or a member of our Owners Corporation Team.

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