Model Rules are a default or templated set of regulations designed to govern strata living under the Owners Corporations Act 2006 (Vic) and the Owners Corporations Regulations 2018.
They provide a clear framework for managing shared spaces, resolving disputes, and making communal decisions. Think of them as the foundation for harmonious strata living that ensures everyone knows their rights and responsibilities.
Key takeaways:
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Model Rules are the default regulations for Victorian strata schemes and cover key areas like noise, shared spaces, and maintenance responsibilities.
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If no custom rules exist, Model Rules apply automatically but Owners Corporations can create tailored rules to suit their community.
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To be enforceable, custom rules must align with the law, gain special resolution approval, and be registered with Land Use Victoria.
Why model rules matter for owners corporations in Victoria
Victorian strata schemes must have certain and unique Owners Corporation Rules (known as by-laws in other states) that cover day-to-day issues like parking, pet ownership, noise levels, and maintenance responsibilities.
If an Owners Corporation hasn’t created its own rules on a specific topic, the Model Rules automatically apply. This means most properties operate under a mix of Model Rules and custom rules or OC Rules tailored to their distinctive needs.
What the model rules cover
The Model Rules for Owners Corporations serve as the foundation for maintaining harmony in a strata community. One scenario is when a newly moved-in resident enjoys late-night gatherings on their balcony and then the neighbors soon start experiencing disruptions, leading to complaints. Without clear rules in place, disputes can escalate, creating tension within the community.
Use of common property
As you live in a strata community, expect to share common spaces designed to enhance your living experience, such as gardens, gyms, hallways, and parking areas.
According to the OC Regulation Schedule 2—Model Rules for an Owners Corporation, the use of common property must be fair, reasonable, and considerate of all residents. To help you navigate these shared areas effectively and maintain a harmonious community, here are some essential things to consider for using common property.
Do’s for Using Common Property:
✅ Use shared spaces respectfully and ensure they remain accessible to all residents.
✅ Follow any specific guidelines set by the Owners Corporation regarding facilities like gyms, pools, and gardens.
✅ Seek written approval from the Owners Corporation if you wish to use a portion of the common property for personal purposes, such as gardening.
✅ Clean up after yourself in common areas and dispose of waste appropriately.
✅ Comply with any reasonable conditions imposed by the Owners Corporation, such as facility operating hours to ensure quiet enjoyment for all.
✅ Keep pets under control and ensure they do not cause a nuisance or safety concern in shared spaces.
Don’ts for Using Common Property:
❌ Do not obstruct pathways, hallways, or shared access points with personal belongings.
❌ Do not use any part of the common property exclusively for personal use without approval.
❌ Avoid making unauthorized alterations or modifications to shared areas, such as installing private fixtures.
❌ Do not leave pets unattended in common areas or allow them to disturb other residents.
❌ Refrain from parking in areas not designated for your use or blocking driveways and exits.
❌ Do not cause excessive noise or disruptions in shared spaces that could affect the peaceful enjoyment of other residents.
Noise and resident behaviour
According to the Model Rules under the OC Regulations, noise restrictions are in place to ensure everyone can enjoy their home without unnecessary disturbance. Specifically, Subrule (1) states that an owner, occupier, or their guests must not create unreasonable noise that interferes with the peaceful enjoyment of others using the common property. This includes loud music, noisy gatherings, or any other sounds that disrupt the tranquility of the community.
However, there are exceptions if the OC grants written permission for certain activities like hosting an event or conducting renovations, these noises may be allowed temporarily.
It’s also important to be mindful of noise levels, especially during early mornings, late evenings, and weekends.
Maintenance responsibilities in an owners corporation
Property maintenance is a shared responsibility. The Owners Corporation maintains common property (gardens, hallways, gyms, pools), essential services (plumbing, electrical), and communal assets (lighting, furniture). Lot owners are responsible for their private lot’s interior and ensuring modifications comply with OC rules. However, if an issue in your lot affects common property or other lots, the Owners Corporation may become involved.
The Model Rules also outline specific responsibilities regarding the external appearance of lots:
- Approval for Changes: If you plan to make changes to the external appearance of your lot (e.g., installing a new balcony or painting your front door), you must obtain written approval from the Owners Corporation. They cannot unreasonably withhold approval but may impose reasonable conditions to protect the structural integrity or aesthetic value of the property.
- Sustainability Items: The Owners Corporation cannot unreasonably prohibit the installation of sustainability items (e.g., solar panels) on the exterior of your lot. However, they may set reasonable conditions regarding their colour, location, or mounting, provided these do not increase costs or reduce the item’s effectiveness.
- Renovation Notices: If you’re planning renovations that could affect common property or other residents (e.g., noisy construction work), you must notify the Owners Corporation in advance. It is important to note that most, if not all renovations require formal written approval and may sometimes involve isolating the fire alarm in certain areas. FRV charges for triggering the fire alarm can be quite costly, and the OC will fully pass on the bill to the responsible owner.
This is one of those areas where clear guidance makes a real difference. It matters that Committees feel supported when navigating responsibilities and approvals.
When it feels like you’re working through these decisions alone, a change in management can make things clearer and easier to manage.
Guidance from a strata management consultant here can help support that transition.
How owners corporations can make or change rules
While the Model Rules provide a solid foundation for strata living, every Owners Corporation has unique needs and priorities. If your OC is considering customising its OC rules, the process is straightforward but requires careful planning and collaboration. Here’s a step-by-step guide to help you navigate it:
- Draft the Rules
Start by having your Owners Corporation Committee, secretary, or manager draft the proposed rules, thinking carefully about the purpose, scope, and wording. Take your time to ensure the rules are clear, fair, and practical.
When drafting, keep these points in mind:
- Review Existing Rules: Check your current rules, as they may have been updated over the years. If necessary, revoke outdated or conflicting rules to avoid confusion.
- Communication and Grievance Procedures: Include clear processes for resolving disputes or addressing concerns.
- Avoid Ambiguity: Rules must be specific and reasonable. Vague or unfair rules won’t hold up if challenged.
Your rules must:
- Focus on the control, management, or enjoyment of common property or individual lots.
- Not discriminate unfairly against any owner or occupier. For example, you can’t ban children or restrict the use of guide dogs (unless it’s a retirement village).
- Comply with the law: Ensure your rules don’t conflict with the Owners Corporations Act 2006, other legislation, or legal requirements.
- Use the Model Rules as a Guide
If your Owners Corporation doesn’t create a rule on a specific topic, the relevant Model Rule will automatically apply. When drafting custom or OC rules, use the same headings as the Model Rules and clearly state whether the Model Rule applies or not.
- Ensure Consistency with Other Laws
Your custom rules must align with all relevant laws, including the Owners Corporations Act 2006, Owners Corporations Regulations 2018 and other regulations. For example, rules about sustainability items (like solar panels) must not impose unreasonable restrictions.
- Seek Approval and Register the Rules
Once the draft is ready, present it to your Owners Corporation for approval. This usually requires a special resolution or at least 75% of owners must agree.
After approval, the new rules must be registered with Land Use Victoria to become legally enforceable. This step ensures the rules are officially recorded and binding on all owners, occupiers, and the Owners Corporation itself.
Customising these rules allows communities to address specific challenges, reflect shared values, and create a more tailored living environment.
Understanding model rules helps prevent strata disputes
There is still a significant percentage of strata residents who remain unaware of the Model Rules that govern their living spaces. This lack of awareness can lead to misunderstandings, disputes, and even costly legal issues.
But by taking the time to familiarise yourself with the rules, you can contribute to a transparent and enjoyable living environment for everyone.
If your OC Management Company isn’t providing expert guidance or support when it comes to rule enforcement, maintenance, and community management, it may be time for a change. At Strata Consultants, we work with experienced Owners Corporation Managers who get the job done right.
Need help with your Owners Corporation’s rules? Contact Strata Consultants today for expert advice.
