159AComplaints—conduct of short-stay occupant

159A Complaints—conduct of short-stay occupant

(1) An owner of a lot, an occupier of a lot or a manager may make a complaint to the owners corporation about an alleged breach by a short‑stay occupant of the conduct proscriptions applying to short‑stay accommodation arrangements.

(2) For the purposes of subsection (1), a short-stay occupant breaches a conduct proscription applying to a short-stay accommodation arrangement by engaging in any of the following conduct—

(a) unreasonably creating any noise likely to substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot (other than the making of noise where the owners corporation has given written permission
for that noise to be made);

(b) behaving in a manner likely to unreasonably and substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot;

(c) using a lot or the common property, or permitting a lot or the common property to be used, so as to cause a substantial hazard to the health, safety and security of any person or an occupier;

(d) unreasonably and substantially obstructing the lawful use and enjoyment of the common property by an occupier or a guest of an occupier;

(e) substantially damaging or altering—

(ii) a structure that forms part of a lot or the common property, intentionally or negligently.

(3) A complaint must be made in writing in the approved form.

(4) An owners corporation must make a copy of the approved form available at the request of a person who wishes to make a complaint under this section.

(5) A complaint cannot be made under this section in relation to a personal injury.

S. 159B inserted by No. 34/2018 s. 5.