Currently, Airbnb is legal for apartments in Melbourne as per the Supreme Court of Victoria ruling in Watergate Docklands Apartment Complex case.
The issue of the case was whether the owners corporation could restrict short-term renting within their apartment complex.
Why did they want to limit short-term leasing? Many apartment owners believed that with the increased traffic due to short-term tenants, they were contributing more to the wear and tear of the apartment than others – even though they pay the same maintenance fees.
However, the court ruled that to prohibit short-term leasing was beyond the scope of Parliament’s intention in the Owners Corporation Act 2006. Therefore, owners corporation cannot prohibit short-term leasing. Hence Airbnb is legal in Victoria for apartments – in the sense that an apartment’s owners corporation cannot prevent you from short-term leasing out your apartment.
Disclaimer: vcenotes.com.au does not guarantee the accuracy of this post. Please consult a lawyer for more information.