Short Stay Laws Adopted in Noosa – Where Next?
Noosa Council have approved a new law to regulate the ongoing operation of short-stay letting.
After a lengthy public consultation process and an extensive legal review, the new law was approved on the 21st October 2021 to come into effect on 1st February 2022.
The new law aims to reduce the impacts of short-stay letting on residential occupiers and amenities by addressing complaint processes, code of conduct for behaviour and minimum safety standards for guests.
A major component of the law will be the requirement for owners of short-stay accommodation to appoint a manager or contact person who lives or has a place of business within 20 kilometres of the premises, to be available all day, every day to respond to complaints within 30 minutes.
While this new law applies only to the Noosa Council at this point of time, there is no doubt that other Councils in locations where short-stay letting is of constant debate, will be eagerly watching the outcome and could make a similar move in their jurisdiction. Watch this space!
To impose the law, Noosa Council will establish a 24/7 Council complaints hotline and complaints register as an intermediary between the complainant and contact person and will use security services to observe and record activity at properties where required, initially on a 12 month trial basis
For information on the incoming law – Local law – Short Stay Letting and Home Hosted Accommodation | Your Say Noosa.
What does this mean for Bodies Corporate?
Technically this law does not impact on Bodies Corporate as compliance is regulated by Council who will receive complaints from any affected party, however the new law is expected to polarise owner-occupiers and investors, potentially creating increased tensions within buildings when short stay tenant behaviour impacts on owner occupiers.
Owners that provide their property for short-stay letting will also need to gain approval from Council and then must notify their body corporate of the approval. The letting owner will then be required to be display the approval and contact details to make a complaint at the front of the property.
It is important both investors and owner-occupiers understand how this new law will impact them and in particular review their bylaws to understand how they play a role in the complaints process.
If you are affected by this new law or short term letting either as an investor or owner occupier, contact your local Council for more information on their current or proposed future position or contact us for information on by-law review and enforcement processes.
This article was co-contributed by Vivienne Hooper and Tim Baker, Senior Strata Managers – Archers the Strata Professionals.
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It is an interesting step by Council but it may be open to challenge as to being an item not within the legislative/ law making powers of Council.
Whilst that presents a controversy, as a comment on the affect this might have if lawful, it will not impact particularly on the activity of an on-site manager ie with Management Rights for lots in a scheme or on local real estate agents operating from within the radius stated ie 20 kms.
People who have Airbnb not conducted by a person in the radius will have real difficulties, which brings in the need for responsible management on-site or locally based.