A fight over schoolies' rights has erupted in a Surfers Paradise apartment building, and is headed to the courts.

The body corporate of the Condor in Surfers Paradise convened a general meeting last week where they effectively voted to ban schoolies from their building, a decision that will be contested in court.

They are threatening to cancel a letting agreement with Helensvale-based letting agents Worldtourism.

Worldtourism coordinates the holiday letting in the building while the body corporate controls the building management.

According to Worldtourism founder and Chief Executive Officer Paul Whitehead, his company has no real option but to apply for an injunction which will have the practical effect of being the first real test of schoolie rights.

“We believe this is a blatant discrimination against the age of the guests,” Mr Whitehead said.

“The majority of schoolies who come to the Gold Coast do not cause any problems at all."

Owner-occupiers live in 23% of the Condor’s apartments while the remaining 77% are holiday rentals, rented by outside agents or unoccupied.

“As letting agents in several properties on the Gold Coast, we can clearly see the precedent that would be set in the unlikely event of a successful defence by the body corporate," said Mr Whitehead.

He claims the proceedings will be watched very closely by the accommodation industry and the entire Surfers Paradise business community.

Bookschoolies.com specialises in schoolies bookings and CEO Matthew Lloyd says Gold Coast accommodation houses are very aware of their responsibilities under anti-discrimination legislation.

“Every now and then a property management or body corporate will talk about ways of banning schoolies," he said.

“My understanding is that, as the law currently stands, it is unlawful for an accommodation house to say that they do not accept bookings from schoolies.”