Rules & By Laws of Owners Corporations
Owners Corporations may have rules for the control, management, use or enjoyment of common property and lots and created with the intention to govern regular issues such as parking, pets and noise.
In the absence of rules which are unique to an Owners corporation, a set of model rules outlined & registered at Land Victoria will apply to Owners Corporation, Lot Owners, Tenants, and Sub-Lessees or any other occupiers under the Owners Corporations Act 2006.
If an Owners corporation is to create new rules by applying to Victorian Civil and Administrative Tribunal (VCAT) to enforce these and once adopted the tribunal can impose penalties for breaches of rules.
- must comply with the requirements of the Owners Corporation Act 2006 and the Australian Consumer Law and Fair Trading Act 2012
- must not conflict with any other law, regulation or legal obligation; for example, privacy and anti-discrimination laws
- should stipulate everyone’s rights and responsibilities and reduce conflict within your Owners corporation.
All lot owners, tenants or any other occupiers must be given a copy of the rules before they move in.
Owners corporations are allowed to make by laws for such broad areas such as:
- Occupational health, safety and security,
- Use of common property
- Use of and works to lots
- Design of lots
- Management & administration
- Specific behaviour of persons
- Vehicles and parking
- Affairs of committees and sub-committees to name a few.
It is important to note that these can also cover broad areas such as:
- Dispute resolution
- Notices as well as documents management
- Common seal.
What do the rules apply to
These must be for the purpose of the control, management, administration, use or enjoyment of common property or of a lot and not unfairly discriminate against a lot owner or occupier and not conflict with or limit the Owners Corporation Act 2006, any other Act, regulation, or legal requirement.
These generally apply to the following areas:
- Outward Appearance of units.
- Tenant / Owner behaviour.
- Common property.
- Littering common property.
- General garbage disposal.
- Clothes drying.
- Storing dangerous goods.
If your Owners Corporation does not wish to make its own rules covering any item , then the model rule applies as set out in the Owners Corporations Regulations 2007.
Drafted rules should be consistent with other laws such as:
- Residential Tenancies Act
- Disposal of Uncollected Goods Act 1961
- Environment Protection (Residential Noise) Regulations 1997
- Domestic (Feral and Nuisance) Animals Act 1994
- Local council laws
- Road Safety Act 1986
- Public Health and Wellbeing Act 2008 and
- Public Health and Wellbeing Regulations 2007 to mention a few.
The Owners Corporation must lodge a copy of the consolidated rules with Land Victoria, and to be recorded on the plan of subdivision.