Schoolies making it harder for body corporates to protect themselves

Every year body corporates have to deal with property damage as a result of schoolies, and mitigating these damages is proving to be difficult.

This year Strata Match has received a flood of calls from apartment owners on what restrictions they can place on schoolies to prevent damages. Whatever preventatives they use, Strata Match warns that it must be lawful and applies to all tenants under the Body Corporate and Community Management Act 1997.

The Act states if a lot may be used for residential purposes, the by-laws cannot limit and confine the type of residential use.

This means that different by-laws cannot be made for schoolies if they aren’t imposed on other residents. For example imposing a minimum stay to prevent schoolies from actually renting a unit is unlawful.

Strata Match says the Act also prevents the body corporate from taking action, such as locking balcony doors. However, they do have control over things such as time restraints on the use of amenities, and whether or not glass, music or alcohol is allowed.

Although, if these changes are made they cannot be subject to schoolies week nor can they be exclusive to schoolies goers.

As stated by Fair Trading, all guests should be treated the same way. Any rule or condition that you impose should apply to all guests and should be compulsory for the whole year. This is the same with the bond price.