Apartment sharing can sometimes cause tension in residential buildings due to concerns about compromised building security as well as excess noise issues. To minimise these risks, we recommend:
Be courteous and let your floor neighbours know when/if you are participating in apartment sharing including how they can contact you if there are excess noise concerns. Although this may not be suitable for larger flats, consider having age limit (e.g >25yrs) and an occupant limit of 2 per bedroom as this reduces risk of noise/misuse.
Airbnb counts as self-contained accommodation & the requirement for registration depends on how many people are allowed to stay vs. number of rooms so please ensure compliance with City of Yarra requirements for registration of prescribed accommodation
Owners must keep a register & be able to provide verified contact details of any guests if required by the OC (noting that for privacy reasons any such request will be formally in writing & for a specific reason)
Preference that bookings be via a recognised booking platform (e.g Airbnb /Stayz) as they have set rules & policies around ID checks, usage & noise etc, whereas if self-managed there are no such protections.
Owners should ensure their insurance allows for tenants as many content insurers have exclusions on short term tenants, so make sure to check specifically
The car lift will be unavailable to short term residents as formal induction is required in accordance with our car lift insurance. If these residents are staying for long time and require car lift access, the induction progress must be undertaken as per the process and cost outlined above in this FAQ Section: How do I gain car park access?
Your fob can/should be remotely reprogrammed to only provide access to the level of your apartment and ground floor. This can be arranged by contacting Mia Property Managers admin@miaproperty.com.au or (03) 9343 6888)
Owners need to ensure cleaners who are using large trolleys for their equipment and linen do not damage the lift and walls
The Committee feels very strongly that at no point should there be lockboxes with keys left within 500m external to the building. This is the number one way buildings get broken into in our area.
The Committee would like to suggest the following to manage the handover of keys:
Authorised 3rd party face to face key handover if not personally available (ie. KeyNest on Smith Street) & always get a photo of government-issued photo ID.
The Committee would like to solve short term rental issues together and can be contacted at TheRochesterFitzroy@gmail.com
We have received confirmation from our insurer that lots occupied for the purposes of Short-Term stays must be disclosed.
If you are currently operating your apartment as a short term stay, please advise Mia Property Manager at admin@miaproperty.com.au or (03) 9343 6888.
Aug 2025
Owners Corporation Ballot – Short Stay Accommodation Arrangements & Update to OC Rules
The Rochester – 182 Johnston Street Fitzroy
Owners Corporation Ballot – Short Stay Accommodation Arrangements & Update to OC Rules
Dear Owners,
As many of you will be aware, our residents have experienced some difficult and challenging issues due to actions of temporary tenants permitted to stay under a “Short Stay Accommodation” arrangement.
Incidents have included :
Significant security concerns in relation to building access following an incident in an apartment. An external review of our security (building access) and a subsequent change of access codes was completed and new fobs issued.
Several breaches to the use of the Carlift and carpark by tenants under a “ Short Stay Accommodation" arrangement. This includes using the Residents’ carpark, non-compliance in completing a formal car induction and assessment of appropriateness of the vehicle for the Carlift. As a result, on at least one occasion the lift faulted through incorrect use.
Smoking in the stairwell, sparking the smoke alarms and resulting in building evacuation and attendance by the Fire Brigade and costs incurred.
Following these incidents, a number of owners expressed a desire to have Short Stay Accommodation arrangements prohibited in the building.
The overall knock-on effect of having short term accommodation in any building, and particularly a small building set up like The Rochester, is that safety and security is compromised and costly damage can occur to equipment and infrastructure in the building.
The Rochester is successful because of significant community participation. OC fees & running costs are kept in check by the fact that many members of the community are contributing their skills and expertise voluntarily (legal advice, negotiating with trades and warrantees, waste, garden maintenance, graffiti management etc).
Change in Legislation and Powers to Make Rules on Short Stay Accommodation
From 1 January 2025, Owners Corporations can make rules to ban the use of Lots within their developments for Short Stay Accommodation Arrangements.
Short Stay Accommodation Arrangement means a booking for a continuous period of less than 28 days.
It is important to note that this ban applies only to commercial accommodation arrangements where an apartment owner principally wishes to use their Lot for Short Stay Accommodation. The Act does not allow prohibition of ad hoc Short Stay Accommodation. As per the Consumer Affairs website, this includes where an owner retains the apartment as their principal place of residence but leases out their property for a Short Stay when they are on holidays, for example.
Changing the rules can be achieved via passing a special resolution pursuant to Section 138 of the Owners Corporation Act (2006).
For a special resolution to pass, owners with a lot entitlement of 75% or greater must vote in favour of the resolution (25% or more must not vote against). If 50% of lot entitlement vote in favour, the resolution will pass as an interim resolution and will become final in 29 days.
Any special resolution is binding on future owners, as are all resolutions of the Owners Corporation.
Given feedback from Lot Owners, it is proposed that the Owners Corporation Rules, that accompany this letter, be updated to incorporate Short Stay Rules to ban “commercial” Short Stay Accommodation arrangements and to require (for ad hoc Short Stays):
Notification of the Short Stay arrangement to Mia Property Manager (the “Manager”) five (5) business days before the arrangement commences, including the provision of various contact and other information; and
The preparation of a “Short Stay Manual” to be submitted to the Manager and endorsed by the OC Committee prior to the commencement of the Short Stay arrangement. The manual is to make the rules of the building clear in terms of security and guest behaviour, inability to utilise the car park and correct waste management.
Standard residential leases will continue to be encouraged for non-owner occupied apartments. It is also important to note that responsibility for temporary house or pet-sitting arrangements lies with the apartment owner and that these occupants will be considered an “Invitee” .
The motion before the Owners Corporation is set out in the attached Ballot document, with the reasons for the specific rule changes outlined as follows:
Reason for new rule 2.2. Proposed to add 2.2 which notes that owner and occupier includes occupants staying under a short stay accommodation arrangement.
Reason for Proposed Change to Rule 4 is to incorporate new rules 4.1 – 4.5 relating to the banning and/or management short term accommodation The new rule makes it clear to ban Short Stay Accommodation and to require certain notifications to occur prior to ad hoc Short Stay Accommodation arrangements occurring as allowed by law.
Add 25.3 ‘Use and Access of the Carlift system’ – add new section 25.3 bans any occupants staying under a short stay accommodation arrangement from use of the Carlift and Car Park, unless otherwise approved by the Owners Corporation
Ballot
Attached to this document is a Notice of Owners Corporation Ballot. Please take the time to vote before the deadline. The easiest way to vote is via the link provided.
If the Special Resolution is passed, the amended Rules will be lodged with Land Victoria and become a registered document of the Owners Corporation.
Information Session
An Information Session will be held by Mia Property via Teams on Wednesday 6th August 2025 at 6:00pm.
Join the meeting now
Meeting ID: 415 427 108 381
Passcode: f7rg6pr2
If you are unable to attend the session and have any questions please send to therochesterfitzroy@gmail.com and the committee will respond.
With Kind Regards
The Rochester OC Committee
Sept 2025
Owners Corporation Ballot – Short Stay Accommodation Resolution Outcome
The resolution has not passed.
The Committee of Management have discharged their responsibility in taking a matter of concern to all owners and respect the right of members to vote and the final result of the ballot.
At this stage there will not be any further action on the matter.
Mandatory Insurance Disclosure for Short Term Stays
We remind owners who are renting their apartments as Short Term Stays (eg AirBnb, Stayz) to notify Mia Property Manager as there is a duty of disclosure to the insurance company.