All Owners Corporations have rules for the management, use or enjoyment of common property and lots. Rules cover day-to-day issues such as parking, pets and noise. These are called the Model Rules which are in accordance with the Owners Corporations Regulations 2018.

 

Your Owners Corporation may also have additional or consolidated rules which are in addition to the Model Rules. A copy of the Model Rules or any additional rules specific to your Owners Corporation are available from Horizon on the Owners Portal or by request.

 

Rules made under the Owners Corporations Act 2006 and registered at Land Use Victoria apply to:

• the Owners Corporation
• sub-lessees
• lot owners
• occupiers or tenants
• tenants

A lot owner who does not occupy their lot must give the tenant a copy of the rules before they move in.

 

Breach of Rules

 

If one of the above parties is in breach of the Owners Corporation rules or Act, then an Owners Corporation may serve a breach notice on that person or person(s). The Breach must be provided in the approved form.

 

If you observe a person in breach of the rules, you should record details of the breach. This should include who, what, how, time and date. If appropriate, take a photograph; for example, you could photograph the a vehicle parked incorrectly or damage to common property.

 

You can then notify the Owners Corporation via Horizon. It is recommended to follow the complaints process set out below.

 

If the party fails to comply with a breach served on them by the Owners Corporation, a further Final Notice to Rectify Breach may be served, before the matter can be taken further.

 

Complaints and Disputes

 

You can make a formal written complaint to the Owners Corporation in an approved form. – A copy of this form is available on the Owners Portal or by request. The Owners Corporation may also 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.

 

At Horizon, we have a process in place to address breaches and compliance for your Owners Corporation in accordance with the requirements set out by the Act.