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Short Term Apartment Stays

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The pending independent review initiated by Consumer Affairs Victoria into the question of and possible restriction to short term stays in residential apartment buildings is problematic to say the least.

Whilst I own an apartment I don’t live in it but can certainly sympathise with long term owner occupiers who, on a very frequent basis, come face to face with unfamiliar residents ‘living’ next door. (Websites like ‘Airbnb’ are growing in stature.)

This, I believe, is the fundamental concern as most residents whether they are short term or long term are ‘rule’ abiders and wish to live in harmony with their neighbors whether it is for one week or one year.  Obviously there are exceptions but from what I hear they are few in number.

In my opinion apart from applying the law of ‘vicarious liability’ where the landlord could be held responsible for the action of their tenant or by introducing rules relating to the use of recreational facilities by ‘short term’ tenants there is little the law makers can do especially given the fact that the apartments are private and on separate title to that which is common property and under the control of the owners corporation.

Return to this blog and I will provide you with the outcome of the review once it comes to hand. By the way when it comes to the occupancy of a residential apartment a more pressing matter, which has yet to be dealt with successfully, is the number of occupants whom co-habitate in an apartment. For example, an apartment in a high-rise tower had its rooms subdivided to the extent which provided for the occupancy of eight tenants, unknown to one another, and all that the Council was able to do was to order that the partitioning, which was to the ceiling, be reduced in height by three feet given that the fire control system was being compromised. Read More

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