Owners Corporation Rules and By-laws
Responsibilities of Owners
Just as owners corporations have certain responsibilities to the unit owners in the strata scheme, owners and residents also must abide by certain rules and laws. These relate to by-laws/rules introduced by the owners corporation and to state-based laws contained in owners corporation legislation.
In Victoria, owners corporations that have not made any rules or have rules that do not apply to a certain matter, use Model Rules. Model rules are prescribed rules for owners corporation community living.
Download a copy of an Owners Corporation Model Rules
Although all owners corporations and their members must abide by legislation, they may also create their own additional rules at their first meeting. These laws apply to both owners and tenants and must be provided in writing within seven days of occupancy.
These by-laws/rules may be changed or abolished and new ones may be introduced by a owners corporation by way of a special resolution (the support of 75 per cent of unit owners).
By-laws/rules generally apply to the following areas:
- Appearance of units.
- Damaging common property.
- Obstructing common property.
- Littering common property.
- General garbage disposal.
- Clothes drying.
- Storing dangerous goods.
Setting New Rules/By-Laws
- Rules cannot unfairly discriminate against a lot owner, limit rights or avoid statutory obligations.
- Owners Corporation rules bind the Owners Corporation, lot owners, lessees or sub-lessee, or any occupier of a lot.
- If an Owners Corporation makes or amends rules, it must lodge a copy with the Registrar and certify them with the secretary of the Owners Corporation
- Rules come into effect when specified or on the day of the Registrar records them.
- Rules must be given to all lot owners as soon as practicable after lodgement with the Registrar
For more information on your owners corporation by-laws, please check your records or contact your owners corporation manager.