Why are Model or Special Rules important?

Owners Corporations, formerly known as body corporates, have rules in place for the management, use, and enjoyment of common property and lots. These rules are important to ensure that everyone within the Owners Corporation community can live harmoniously and enjoy their property without causing issues for others.

It is worth noting that if an Owners Corporation does not create its own set of rules, or special rules, the model rules outlined in the Owners Corporations Regulations 2021 will apply. These rules cover day-to-day issues such as parking, pets, and noise.

Rules made under the Owners Corporations Act 2006 and registered at Land Use Victoria apply to:

  • The Owners Corporation
  • Lot owners
  • Tenants
  • Sub-lessees
  • Occupiers or tenants.

It is important for all lot owners, tenants, sub-lessees, and occupiers to be aware of these rules as they apply to everyone within the Owners Corporation.

To be valid, Owners Corporation rules must:

  • Comply with the requirements of the Owners Corporations Act 2006 and the Australian Consumer Law and Fair-Trading Act 2012;
  • Not conflict with any other law, regulation or legal obligation; for example, privacy and anti-discrimination laws;
  • Help to clarify everyone’s rights and responsibilities and reduce conflict within the Owners Corporation.

All lot owners and tenants must be provided with a copy of the rules before they move into a property. Failure to comply with the rules can result in penalties imposed by the Victorian Civil and Administrative Tribunal (VCAT).

If your Owners Corporation is experiencing issues with the enforcement of rules or would like strategic advice on how to create effective rules, the team at SELECT Strata Communities can help. Our experienced professionals can provide guidance and support to ensure that your Owners Corporation is running smoothly and in compliance with all relevant regulations.

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