As an owner or resident in a strata-titled property, there is a lot to know about rules and regulations, rights and responsibilities and modes of behaviour in multiple dwelling complexes.

The summary of information below and links to relevant documents should be helpful in navigating this maze of information.

1Noise issues

There are restrictions on times of the day when a resident can generate loud noises that may disturb a neighbour. Consult your property owners corporation rules and also the EPA Guideline document on time restrictions relating to noise generation.

Annoyed by noise booklet – PDF

2Complaints – lodgment and handling

Do you want to lodge a complaint about a matter that is disturbing or affecting your peaceful enjoyment of your apartment? The documents below may be helpful in understanding process around complaints and procedural fairness.

OC complaints and procedural fairness – PDF
OC Dealing with grievances factsheet – PDF
OC complaint form – DOC
Visit the Consumer Affairs website

3Trees – who is liable for the cost of pruning

This is not straight forward, but generally if tree branches from an adjoining property are growing over your property or Lot, you are entitled to remove the branches to the boundary line, but at your own cost. The document below outlines this further.

Trees – who is responsible – DOC

4Want to plant a pallet garden

For those interested in planting a pallet garden on your balcony, the instructions in the document below steps you through the process

How to plant a pallet garden

5Who pays for balcony leak repairs

Following a landmark VCAT case , clarity has how been established that responsibility for resolving balcony leak repairs now rests with the apartment owners who apartment balcony is leaking. See the attached document for details on this outcome

LMS Legal – Tiles and Membranes A

6Owners Corporation Rules

All strata titled properties must have Owners Corporations rules in place that relate to that property. If no rules have been made that are specific to that property, then the Model Rules apply by default. The OC Rules for a property may be rules that are different to the model rules, or they may supplement the model rules, or simply the model rules may apply.

Owners corporations can make rules for health, safety and security, use of common property, use of and works to lots, design of lots, management and administration, behaviour of persons, vehicles and parking and committees and sub-committees. Rules can also cover dispute resolution, notices and documents and use of the common seal.

Visit the Comsumer Affairs website on OC rules

A copy of the model rules is attached for your information.

OC Model Rules – PDF

7Owners Corporation Committee – what’s involved

Strata Titled properties that include 13 or more residential Lots must form an Owners Corporation Committee. Properties with less than 13 Lots may form an OC Committee if they wish. Members of OC Committees do have a responsibility to discharge their duties in a responsible and ethical manner.

Visit the Comsumer Affairs website on OC committees

The attached fact sheets provides useful information of what’s involved in serving as an Owners Corporation Committee member  Chairperson or Secretary.

OC Committees Factsheet – PDF

OC Chairperson Factsheet – PDF

OC Secretary Factsheet

8Owners Corporation Act

The Owners Corporation act 2006 is the key regulatory document governing the management of Owners Corporations. A copy of the Act is provided here for your information.

Owners Corporation Act 2006

9New Owners Corporation Legislation

New legislation was enacted on 18th December 2014 relating to special levies where the guiding principle is that the cost levied to a Lot should be proportionate to the benefit gained from the works being funded.This document provides  a summary of this new Legislation:

Owners Corporations and Other Acts Amendment Act 2021

 

10Need more information

The Consumer Affairs Website is a primary reference source on a wide range of information relating to owners corporations. To browse their website and search for the information you need, we recommend that you start at this link:

Visit the Consumer Affairs website