Investigative Journalism and Learning Hub - Waratah Strata Management ignored concerns about SP52948 compliance with Residential Tenancy Act 1987 on 26 March 2020

From:	SP52948 owner
To:	Frank Tallaridi, Robert Crosbie
Subject:	SUMMARY: SP52948 compliance issues with Residential Tenancy Act 1987
Date:	26/3/20, 10:18 am

Good morning,

It is well-known that number of properties in the complex are advertised as short-term holiday places for tourists and businesses. Few examples from website today.

Lack of proper safety (an example, lot of smoke detectors have not been replaced for more than 10 years - one in Lot 158 was manufactured in 1994 and does not operate safely) can create a disaster for tenants.

In addition, some councils have now been sending letters to owners corporations asking to sign off statements about compliance with the Residential Tenancy Act 1987. For example, request sent to SP57348 from Council of the City of Sydney in February 2020 ("Compliance-with-Residential-Tenancy-Act-1987-sent-to-strata-complex-in-City-17Feb2020.webp"). In it, it states:

The Body Corporate has been advised by the Council of the City of Sydney that Development Approval condition 5{c} for the Aston Strata building states that

“All units approved for permanent residential accommodation must be either owner occupied, or occupied by a tenant with a residential lease under the Residential Tenancy Act 1987. A certificate signed by the owner or the Body Corporate (if the development is strata subdivided) or a Solicitor (holding a current certificate to practice), must be forwarded to Council within 12 months of the completion of the development, and every 12 months thereafter, certifying that all units approved for Residential Development are either owner occupied or are subject to residential leases under the Residential Tenancy Act,1987.”
The Aston Body Corporate is required under the terms of this Development Approval to provide the above Certificate to Sydney City Council.

Verification of SP52948 Development Approval Conditions and Building and Development Advisory Service at Ryde Council confirms that this applies to SP52948:

* Short-term tenants are allowed ONLY if owner stays and lives in property and shares it with visitors. In that case they still have to get Ryde Council approval.

* The other valid options for a property to be occupied in our complex are:

1. Owner occupied, or

2. Subject to a lease under Residential Tenancy Act 1987.

* Services like AirBnB, StayZ, and similar are not allowed in strata complexes by law as yet.

Waratah Strata Management and maintenance staff share the responsibility for ensuring the compliance and ensuring their staff are not involved in supporting those facilities (for example, keeping keys of the properties and delivering them to guests, and so on).

Regards,