From December 1 2021, updates to the Model Rules for an Owners Corporation have come into effect. Changes include rules about smoke penetration, the use of common property, external appearance of lots and more.
It is important for all those who own and live in an Owners Corporation to be aware of the changes. Read on for a handy summary of all the new and amended Model Rules.
Alternatively, you can download the updated Model Rules for an Owners Corporation here.
RELATED – OC Act Updates: all the key changes >
Smoke penetration.
A lot owner or occupier in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.
Fire safety information.
A lot owner must ensure that any occupier of the lot owner’s lot is provided with a copy of fire safety advice and any emergency preparedness plan that exists in relation to the lot prior to the occupier commencing occupation of the lot.
Use of Common Property.
The owners corporation may impose reasonable conditions on a lot owner’s right or an occupier’s right to access or use common property to protect the quiet enjoyment, safety and security of other lot owners, including but not limited to imposing operating hours on facilities such as gymnasiums and swimming pools.
External appearance of lots.
- The owners corporation cannot unreasonably prohibit the installation of sustainability items on the exterior of the lot, including by prohibiting the installation of a sustainability item only on aesthetic grounds.
- The owners corporation may require that the location of a sustainability item, or the works involved in installing a sustainability item, must not unreasonably disrupt the quiet enjoyment of other lot owners or occupiers or impede reasonable access to, or the use of, any other lot or the common property.
- The owners corporation may impose reasonable conditions on the installation of a sustainability item on the exterior of the lot related to the colour, mounting and location of the sustainability item provided that these conditions do not increase the cost of installing the sustainability item or reduce its impact as a sustainability item.
RELATED – Sustainable Strata >
Dispute resolution.
- The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the owners corporation, within 28 calendar days (previously 14 working days) after the dispute comes to the attention of all the parties.
- A meeting may be held in person or by teleconferencing, including by videoconference.
(a) Subject to sub rule (b), the grievance committee may elect to obtain expert evidence to assist with the resolution of the dispute.
(b) The grievance committee may obtain expert evidence to assist with the resolution of a dispute if the owners corporation or the parties to the dispute agree in writing to pay for the cost of obtaining that expert evidence.