Do Owners Corporations need their own customised rules?
Owners Corporation Rules are an invaluable tool for regulating people’s behaviour in apartment complexes and high rises: Do you have clear and accessible Owners Corporation Rules?
Reactive or Proactive
Often, in our experience, the decision to obtain New Owners Corporation Rules is a reactive decision to something that has happened in your building. If possible, a proactive decision to make new rules is best and can avoid legal disputes between your Owners Corporation and apartment owners.
Why does my Owners Corporation need Customised Rules?
If an Owners Corporation has not made its own customised Owners Corporation Rules, then the default Model Rules will apply. However, there are only six Model Rules that only address very limited general issues: see Schedule 2, Owners Corporation Regulations 2007. The Model Rules do not address, or do not adequately address, important recurring issues in residential apartment buildings such as the conditions for:
- Using common property visitor car spaces;
- Carrying out renovations to an apartment;
- Altering the external appearance of the building;
- Transporting large items such as furniture through the building;
- Using swimming pools, gym and other recreational areas, in particular, child supervision.
People’s behaviour in a residential apartment building can directly impact on the value of the apartments overall. If there are no specific rules governing how people can apply to do certain things that may affect the external appearance of the building or the quiet peace and enjoyment of other residents, in our experience, people tend to make up their own rules!
The ability to enforce clear and accessible Owners Corporation Rules, customised to your particular apartment complex, is an effective tool for Owners Corporations to protect the value of all members’ investments for the benefit of all owners.
Tisher Liner FC Law Owners Corporation Legal Division
Ask your Owners Corporation Manager to obtain a quote from Tisher Liner FC Law’s Owners Corporation Legal Division to prepare customised New Owners Corporation Rules for your building.
