If you live in an Owners Corporation community, the chances are you’ve heard of something called rules (or OC Rules).
These are the rules all the owners have agreed to abide by. The rules are voted on by all owners.
Owners Corporations can choose to adopt the model rules, or make changes to them to manage issues that are specific to their scheme.
To make its own rules, your Owners Corporation should use the headings in the model rules (see Schedule 1 of the Regulations) with a clear statement about whether the model rule applies.
For example: ‘Management and Administration Model rule 2.1 in schedule 1 of the Regulations does not apply.’
Your Owners Corporation must lodge a copy of the consolidated rules with Land Victoria, to be recorded on the plan of subdivision.
The rules must be certified by the Owners Corporation secretary in the approved Land Victoria form and accompanied by the correct fee.
Registering with Land Victoria
If the rules are not registered with Land Victoria, the rules will be void and not enforceable.
Land Use Victoria registers plans of subdivision which create or alter Owners Corporations. Consumer Affairs Victoria is the governing body for all other Owners Corporation matters, including insurance and disputes.
A person who owns property in an Owners Corporation automatically becomes a member of that owner’s corporation. As a member, they have legal and financial responsibilities to the Owners Corporation.
All Owners Corporations have statutory duties and powers set out in the Owners Corporation Act 2006.
When rules are updated, the OC has a responsibility to update records and notify lot owners and occupiers.
Your Owners Corporation must:
- Notify lot owners of the new rules;
- Update the Owners Corporation register;
- Notify tenants, sub-lessees and other occupiers;
- Place the new consolidated rules on the noticeboard, if there is one.
So, where do you find your rules?
A copy of your OC Rules is kept on the strata roll and is available from either the Secretary of the Owners Corporation or from your managing agent. You can obtain copies of by-laws from inspecting the records or contacting Land Use Victoria.