Strata By-laws and Short-Stay Accommodation Restrictions

This case was a 2015 decision by the State Administrative Tribunal of Western Australia, specifically focusing on the case of The Owners of Ceresa River Apartments Strata Plan 55597 and Haines.

The core legal issue addressed was whether the renting out of residential lots for short-stay accommodation (like Airbnb) was consistent with the strata scheme's By-law 16, which stipulated that lots must be used as a "residence" or for "residential tenants."

The Tribunal ultimately ruled in favor of the applicant (the owners), finding that the ordinary meaning of terms like "residence" and "residential tenants" implied an intention of permanency or long-term abode, which short-stay occupancy lacked.

Consequently, the respondents were ordered to cease using their lots for unauthorised short-stay accommodation beginning August 1, 2015. The decision involved interpreting the Strata Titles Act 1985 (WA) and relevant by-laws, particularly concerning the necessary intent and duration of occupancy.

Citations

2015WASAT72.pdf

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