Part 6 Owners corporation rules

The rules of an owners corporation are the default rules as modified by the alternative rules, if any, registered under the Land Titles (Unit Titles) Act 1970, section 27 or section 27A.

Note The owners corporation may make alternative rules under s 108.

(1) There are taken to be agreements under seal between an owners corporation and each of its members, and between each member and each other member, under which the corporation and its members agree to be bound by the rules of the corporation.

(2) An occupier of a unit (who is not the owner of the unit) is bound by each rule of the corporation as if the occupier were the owner of the unit except to the extent that—

(a) the rule requires payments to be made to the general fund or a sinking fund; or

(b) the rule provides otherwise.

(3) If the unit owner does not occupy the unit, the owner is liable separately and together with an occupier of the unit for any breach of the rules of the owners corporation by the occupier, unless the owner proves that the owner took reasonable precautions and exercised appropriate care to prevent the breach.

(4) An occupier of a unit who occupies the unit under a residential tenancy agreement is not bound by any rule of the owners corporation to the extent that the rule is inconsistent with the standard residential tenancy terms, other than a pet friendly rule.

(5) In this section:

residential tenancy agreement means a residential tenancy agreement under the Residential Tenancies Act 1997.

standard residential tenancy terms—see the Residential Tenancies Act 1997, dictionary.

(1) An owners corporation may, by special resolution, make alternative rules to modify the rules of the corporation.

(2) In particular, the owners corporation of a retirement village may make alternative rules to make provision in relation to any of the following:

(a) people other than residents or employees of the retirement village living in the village;

(b) visitors, including overnight or short-stay guests;

(c) the making of noise;

(d) the parking of motor vehicles;

(e) the disposal of garbage;

(f) the keeping of pets;

(g) gardening and landscaping;

(h) the use and operation of services or facilities (including restrictions on their use);

(i) security in the retirement village;

(j) the external appearance of residents’ premises.

(3) An alternative rule is not valid to the extent that it results in the rules—

(a) being inconsistent with this Act or another territory law; or

(b) being inconsistent with a building management statement that applies to the units plan; or

(c) being incompatible with a human right under the Human Rights Act 2004, or otherwise being harsh, unconscionable or oppressive; or

(d) giving a function to the corporation that is not incidental or ancillary to the exercise of its functions under this Act or under a building management statement; or

(e) prohibiting or restricting any dealing (including devolution, transfer, lease or mortgage) with—

(i) an interest in a unit; or

(ii) the equitable estate of a unit owner in the common property; or

(f) prohibiting or restricting the installation, operation or maintenance of sustainability infrastructure in or on the common property or a unit; or

(g) unless the alternative rule is made by unanimous resolution—being inconsistent with an order of the ACAT requiring the owners corporation to make or repeal an alternative rule; or

(h) prohibiting a unit owner from keeping an animal, or allowing an animal to be kept, within the unit or the common property in any circumstances.

(4) An alternative rule is not invalid under subsection (3) (a) only because it requires a person who keeps an assistance animal to produce evidence that the animal is an assistance animal.

Note A unit owner or occupier is not required to obtain the consent of the owners corporation to keep an animal that is an assistance animal within the unit or common property (see s 32 (1) (a)).

(5) A special resolution under section 78 (General fund—contributions) or section 89 (Sinking fund—contributions) is taken to be an alternative rule of the owners corporation made under this section.

(6) A regulation may prescribe requirements in relation to alternative rules.

(1) An alternative rule made by the owners corporation under section 108 takes effect—

(a) on registration under the Land Titles (Unit Titles) Act 1970, section 27 or section 27A; or

(b) from any later date stated in the special resolution making the rule.

(2) If the alternative rule is not lodged within 3 months after the day the special resolution is passed, the resolution is taken to have never been made.

(1) This section applies if the executive committee of an owners corporation reasonably believes that—

(a) the owner or occupier (the person) of a unit has contravened a provision of the corporation’s rules; and

(b) the circumstances of the contravention make it likely that the contravention will continue or be repeated.

(2) The owners corporation may, if authorised by an ordinary resolution of the executive committee, give the person a notice (a rule infringement notice) requiring the person to remedy the contravention.

(3) A rule infringement notice must state the following:

(a) that the owners corporation believes the person is contravening, or has contravened, a provision of the rules;

(b) the provision of the rules the owners corporation believes is, or was, contravened;

(c) details sufficient to identify the contravention;

(d) if the owners corporation believes the contravention is continuing—the period (which must be reasonable in the circumstances) within which the person must remedy the contravention;

(e) if the owners corporation believes the contravention is likely to be repeated—that the person must not repeat the contravention;

(f) if the person does not comply with the notice—

(i) the person commits an offence; and

(ii) the owners corporation may, without further notice, apply to the ACAT for an order in relation to the failure to comply with the notice.

(4) If a rule infringement notice is given to a person following a request under section 111, the owners corporation must, not later than 14 days after the day the request was received, tell the person who made the request that the notice has been given.

(1) A person commits an offence if the person—

(a) is given a rule infringement notice under section 109; and

(b) does not comply with the notice.

Maximum penalty: 5 penalty units.

(2) However, the person does not commit an offence under this section if, when the rule infringement notice is given to the person, the person is not contravening, or has not contravened, the provision mentioned in the notice in the way detailed for section 109 (3) (c).

(1) This section applies if—

(a) a dispute exists between the owner or occupier of a unit in a units plan (the complainant) and the owner or occupier of another unit in the units plan (the accused person); and

(b) the dispute arises because the complainant reasonably believes that—

(i) the accused person has contravened a provision of the corporation’s rules; and

(ii) the circumstances of the contravention make it likely that contravention will continue or be repeated.

(2) The complainant may ask the owners corporation to give the accused person a rule infringement notice for the contravention.

(1) The Legislation Act applies to the rules of an owners corporation as if the rules were an Act and as if each rule were a section of an Act.

(2) Terms used in the rules of an owners corporation have the same meaning as in this Act, unless the contrary intention appears.

(1) The owners corporation may, by special resolution, make a rule granting a special privilege for a period of 3 months or more (a special privilege rule) to—

(a) a unit owner; or

(b) someone else with an interest in a unit in the units plan.

(2) A special privilege rule must—

(a) only be made with the grantee’s written consent; and

(b) must include a provision that states the maintenance requirement is the responsibility of 1 of the following:

(i) the owners corporation;

(ii) the grantee.

(3) A special privilege rule that states that the maintenance requirement is the responsibility of the grantee—

(a) must state the type and frequency of maintenance the grantee must undertake; and

(b) relieves the owners corporation of its obligations under section 24 (Maintenance obligations) to the extent the rule places this obligation on the grantee.

(4) A special privilege rule may be made to have effect for a specific period.

(5) A grantee must not unreasonably withhold consent mentioned in subsection (2).

(6) A special privilege rule that is registered is taken to have been validly made after a period of 2 years from the day the rule was made, or purportedly made, despite any defect or irregularity in relation to making the rule.

Note A modification of the rules of the owners corporation must be registered with the registrar-general under the Land Titles (Unit Titles) Act 1970, s 27A.

(1) A special privilege rule may only be amended or revoked—

(a) by special resolution of the owners corporation; and

(b) with the consent of the grantee.

Note A rule granting a special privilege may also be made for a specific period and expire according to its terms (see s 112A (4)).

(2) However, the grantee’s consent must not be unreasonably withheld.

(1) The owners corporation may, by special resolution, make a rule allowing an owner or occupier to keep an animal, or allow an animal to be kept, within a unit or the common property without the consent of the owners corporation (a pet friendly rule).

(2) A pet friendly rule may include conditions about—

(a) the number and type of animals that may be kept by a unit owner or occupier under the rule; and

(b) cleaning and maintenance requirements for keeping an animal under the rule; and

(c) providing written notice to the owners corporation about the keeping of an animal; and

(d) supervision requirements when an animal is on the common property; and

(e) requirements in relation to keeping an animal secure so that it does not escape a unit unsupervised; and

(f) any other matters that are reasonably necessary to ensure that an animal does not cause a nuisance or a risk to health or safety.