Why the Need for Body Corporate Operational Rules?
Often owners in a unit title complex find themselves in conflict with other owners or the governing body corporate over what they can do within their own unit, the building or the common area.
Common problems include disagreements over:
- Noisy parties
- Short Term Accommodation (Air BNB)
- Recovering costs for breaches of the Act or Rules by owners or occupiers
- Rubbish left lying around
- Non-permitted activities
A set of carefully drafted body corporate operational rules (“the Rules”) will help owners and the body corporate committee navigate their way through the above scenarios. It’s worth noting here that the Rules are not substitutes for the provisions under the Unit Title Act 2010 (“Act”) but are designed to complement those provisions and are more focused on the day-to-day operations of the unit title complex.
A good set of Rules should:
- Help promote harmony and cooperation among owners/residents. By agreeing on the do’s and don’ts, owners/residents will know what is expected of them. This can prevent disputes arising and help resolve any that do occur in an expedient manner.
- Clarify ownership and responsibility for different areas of the unit title complex.
- Protect property values by ensuring that the unit title complex, including the common area are maintained to a high standard. This would include regular maintenance, repair and cleaning.
- Ensure safety and security by putting in systems for fire safety, emergency procedures, and access control.
- Be capable of providing protection to owners by clearly setting out guidelines for behaviour and conduct that can be enforced and if necessary take legal action. This would include action against members who breach the Rules.
Any new or amended Rules will need to be adopted by the body corporate and then registered against the underlying record of title. The effect of registration will be that the Rules will replace the previous set of Rules.
How Can we Help?
At Gibson Sheat we have a dedicated team who will:
- sit down with the owners or the body corporate committee and discuss the needs of the unit title complex;
- design a set of Rules or amend the existing the Rules to meet those needs.
- provide advice on the processes to be followed to have the new or amended Rules approved; and
- attend to the necessary registration requirements.