NEWS IN BREIF
A new Code of Conduct and regulations for short-term rentals The NSW Government’s decision to introduce strengthened regulations and registration systems for NSW rental accommodation has been congratulated by accommodation bodies, and accom operators consider the decision long overdue. Industry body, Accommodation Association (AA) welcomed the introduction of a Code of Conduct (CoC), and confirmation that a full short-term rental regulatory framework including a Premises Register and final SEPP will be in force by June 1, 2021. Over the last eight months the NSW accommodation sector has faced consecutive revenue decline - a drop of 70-80 percent. Unregulated short-term rental accommodation has been a contentious issue for the industry, and it is considered that tighter regulations have been a long time coming.
Accommodation Association CEO Dean Long said: “Until now, shortterm rental accommodation has operated without the measures, controls and regulations that the traditional accommodation sector is required to meet. The NSW Government is now moving to level out the playing field by addressing this significant regulatory imbalance. It is in the sector’s interests and in the interests of hosts and consumers and those living close to these properties that the appropriate frameworks for safe and appropriate operation are in place.” The new regulations follow changes to the Fair-Trading Act 1987 and Strata Schemes Management Act 2015 in April, which permits NSW strata properties, via by-laws, to prohibit short-term letting. By mid-2021, a strong Code of Conduct will be in place which outlines the rights and obligations of short-term rental accommodation industry participants plus strengthened planning regulations supported by a registration system for
oversight and the above changes to the Strata Schemes Management Act 2015. Tourism body, Tourism Accommodation Australia (TAA) agreed that the new mandatory CoC will help level the playing field for established accommodation hotels. TAA, NSW, CEO, Michael Johnson said the code includes obligations for hosts, guests, online booking platforms and letting agents, as well as a complaints process for anyone to complain about breaches. He said: “TAA thanks the NSW government for listening to our concerns and implementing these much-needed changes. With the new code of conduct and registration and planning laws in place we can hope to see a regulated short-term rental accommodation environment that complements the accommodation sector rather disrupting it.” Mr Johnson added that the Code of Conduct comes at a crucial time for the industry. The national body for the Australian short-term rental
accommodation industry (ASTRA) has also welcomed the release of the CoC in NSW. Rob Jeffress, Chairman of ASTRA said it will introduce professional standards across the industry. ASTRA represents the 70,00080,000 STRA mum and dad, families, and small business operators with a combined investment in excess of $35 billion. According to Jeffress “ASTRA recognises the use of ‘residential properties’ as having a legitimate position in the accommodation sector. Given that STRA comprises around 25 percent of all tourism accommodation in NSW and up to 50 percent in regional areas, where it is a key driver for local tourist economies and jobs, the CoC will give clarity, and a state-wide regulatory framework while allowing flexibility for local government controls. “The CoC will set professional standards; make sure properties are safe and compliant; target and address issues such as irresponsible owners, dodgy operators, party houses and bad guests.”
Dog versus strata? Dog wins! A landmark judgement made in NSW delivers a huge win for Angus and all apartment owners with pets! The highest court in New South Wales has delivered a decision that has struck down an attempt from one of Sydney’s most famous apartment buildings to ban animals. The Court of Appeal invalidated the apartment building ban on animals and the decision will have wider ramifications for owners corporations and apartment owners. Bartier Perry partner Sharon Levy explains a unanimous decision from three Court of Appeal
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judges on The Horizon’s attempt to ban animals from the building was a breach of legislation. She said: “This decision effectively changes the way owners’ corporations can govern their strata schemes.” Ms Levy’s firm represented Jo Cooper, the owner of a 13-year-old miniature schnauzer named Angus, the court found that banning animals breaches strata scheme legislation which provides that by-laws can’t be “harsh, unconscionable or oppressive.” Ms Levy said the decision of Angus’ owner Ms Cooper to fight a lengthy legal battle to keep Angus in her apartment had not only been vindicated but was also set to impact thousands of apartment owners across the State.
Cookie is a proud resident of an apartment building in QLD and was very happy to hear the news. Image supplied
“This ruling may have far wider ramifications as to the by-laws owners corporations can impose on apartment owners. Every dog has its day but Angus’ win could mean some significant changes and legal challenges to by-laws for years to come,” said Ms Levy. Ms Cooper said she was overwhelmed by the court decision after a five year legal battle to keep Angus in her apartment.
INDUSTRY
“The emotional toll from pursuing this case has been incredibly hard. Yet throughout the last five years I’ve also lost count of the number of pet and apartment owners who have reached out and supported our stance. “Today is a win for Angus but it’s also a decision that will hopefully ensure owners corporations take a more balanced approach to the governing of apartment owners,” said Ms Cooper. ResortNews | November 2020
