Why have rules?

All owners corporations have rules for the control, management, use or enjoyment of common property and lots. The rules cover day-to-day issues such as parking, pets and noise.

If your owners corporation does not make its own rules, a set of model rules outlined in the Owners Corporations Regulations 2018 applies.

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.

Your owners corporation rules:

• must comply with the requirements of the Owners Corporations Act 2006 and the Australian Consumer Law and Fair Trading Act 2012

• must not conflict with any other law, regulation or legal obligation; for example, privacy and anti-discrimination laws

• should help to clarify everyone’s rights and responsibilities and reduce conflict within your owners corporation.

All lot owners and tenants must be given a copy of the rules before they move in.

Owners corporations can apply to the Victorian Civil and Administrative Tribunal (VCAT) to enforce rules and the tribunal can impose penalties for breaches of rules.

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Model Rules

The Model rules for an owners corporation are set out in the Owners Corporations Regulations 2018.

If your owners corporation does not make a rule covering any item in the model rules, then the model rule applies.

See the Model Rules here

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Enforcing Rules

 Informing residents and owners of the owners corporation rules

People who fail to obey rules sometimes simply do not know the rules. Your owners corporation (formerly body corporate) should ensure that all new residents, whether owners or occupiers, get a copy of the rules.

If appropriate, the owners corporation could send a letter highlighting a particular rule to all residents, asking for compliance.

Discuss your concerns about breaches of the rules with the person involved, the manager or the committee. The owners corporation, its committee or manager may act on your behalf.

Rules an owners corporation cannot enforce

An owners corporation cannot enforce ambiguous or unreasonable rules, or rules that unfairly discriminate against a lot owner or occupier. For example, a rule cannot prevent children from living in a lot (unless it is a retirement village) or restrict the use of a guide dog. Avoid making rules that are inconsistent with the Owners Corporation Act 2006, Subdivision Act 1988 or their regulations conflict with or limit any other Act, Regulation, or legal requirement; for example, privacy laws.

Recording breaches of owners corporation rules

Record details of the breach of rules. This should include who, what, how, time and date.

If appropriate, take a photograph; for example, you could photograph the parking or damage.

Making a formal complaint to the owners corporation

You can make a formal written complaint to the owners corporation in an approved form. The owners corporation may decide to take no action, but must provide you with written reasons for this decision.

The owners corporation must have an internal dispute resolution process to handle complaints about breaches of the rules and other disputes.

For more information about this process, see our Complaint handling in your owners corporation page.

Power to commence legal proceedings 

An owners corporation’s ability to initiate legal actions requires different voting thresholds for actions in different courts. For example, if a matter is within the civil jurisdictional limit of the Magistrates’ Court, an owners corporation only requires an ordinary resolution to commence legal proceedings. 

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