No. Under section 180 of the Body Corporate and Community Management Act 1997 (BCCMA), a body corporate cannot restrict the type of residential use an owner puts a lot to through by-laws. This has been upheld in Queensland tribunal decisions, including the Hilton Park case, where holiday letting was found to fall within residential use.
Body corporates can regulate guest behaviour such as noise, check-in and check-out times, and common area use, but cannot impose an outright ban on short-term letting. Always review the Community Management Statement and by-laws of your specific scheme before purchasing or listing, as the legal position can be nuanced in individual cases.
Get a quick and free estimate for what your property could be earning you with Houst managing it. Then, book a call with our team to discuss it further.
Get A Quick Estimate (FREE)