Owners Corporations- Do you have adequate rules?

Section 138 of the Owners Corporations Act gives the power to the Owners Corporation to make rules by special resolution in respect to particular matters set out in schedule 1 of the Act providing that they are for the purpose of the control, management, administration, use or enjoyment of the common property or of a lot.

Section 140 of the Owners Corporations Act provides that a rule of an owners corporation is of no effect if it—

• unfairly discriminates against a lot owner or an occupier of a lot; or
• is inconsistent with or limits a right or avoids an obligation under the Act or any other Act or regulation.

So what rules do you have?

You can find out if the model rules apply or if there are registered rules by obtaining a copy of the Owners Corporation Plan of Subdivision.

Whilst the model rules deal with a number of matters, they are inadequate for most Owners Corporations with more than a handful of lots, particularly apartment buildings.

Some Owners Corporations have registered rules prepared by original developers that are either outdated or include unlawful rules. Registered rules should be updated regularly.

As expert owners corporations lawyers we are able to review and update registered rules and provide Owners Corporations with a set of recommended rules where they don’t have any registered rules and just rely on the model rules.

We can provide a fixed fee services for an initial review or drafting new rules.

We can also help Owners Corporations get the rules registered with Land Victoria. Rules are only valid and enforceable after they are registered.

You have rules but are they enforced?

It is important for Owners Corporations to enforce the rules they have so that all lot owners can equally enjoy their lots and common property.

Owners Corporations can take action against a lot owner by a simple majority vote of the committee or Owners Corporation. The first step is giving the lot owner a breach notice and providing 28 days to rectify the breach. If the breach is not rectified a final breach notice should be issued and then orders sought at the Victorian Civil and Administrative Tribunal.

Need Advice?

Phillip Leaman, principal of the Owners Corporations practice group of Tisher Liner FC Law and his very experienced team can provide assistance to owners corporations, committees, lot owners and managers in a range of owners corporations legal matters. We have substantial experience advising Owners Corporations on dealing with drafting, reviewing and enforcing Owners Corporations Rules.

We believe Owners Corporations want to maintain peaceful, functional living environments for owners. Our mission is to provide a fresh perspective on resolving legal disputes and to inspire Owners Corporations to achieve outcomes that preserves the value of assets and restores harmony. We are expert Owners Corporations lawyers.

For advice or assistance, please contact owners corporations lawyer Phillip Leaman on 03 8600 9314 or by email [email protected].

Disclaimer

The above does not constitute legal advice, but is information which may be of general interest. Tisher Liner FC Law will not be held liable or responsible for any claim, which is made as a result of any person relying upon the information contained in this publication.