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- Title
BLURRED LINES OR STARK CONTRASTS: ARE BY-LAWS TO RESTRICT SHORT-TERM HOLIDAY LETTING PERMISSIBLE IN QUEENSLAND COMMUNITY TITLES SCHEMES?
- Authors
POCOCK, MELISSA
- Abstract
Complex laws regulate the development and management of Queensland community titles schemes. Different legislative regimes co-exist, including the Body Corporate and Community Management Act 1997 (Qld) ('BCCM Act') and its predecessor, the Building Units and Group Titles Act 1980 (Qld) ('BUGT Act'). This article considers by-laws under the BUGT Act regulating short-term holiday letting post the decisions in Fairway Island GTP v Redman [2019] QMC 13 and Redman v The Proprietors - Fairway Island GTP 107328 [2020] QDC 68. It compares the BCCM Act and BUGT Act requirements and argues that similarities in by-law making powers under the two may appear to blur the divisions between them. However, the positions under each Act are in stark contrast, rendering the cases distinguishable for BCCM Act schemes, a desirable outcome. The article also explores arguments in favour of self-regulation, and the governmental response in New South Wales, Victoria and Western Australia.
- Subjects
BY-laws; SELF regulation; POWER (Social sciences); DECISION making; ADMINISTRATIVE courts
- Publication
University of New South Wales Law Journal, 2021, Vol 44, Issue 4, p1524
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/fuex9448