RULES OF A STRATA CORPORATION

Although these can be changed and your conveyancer needs to check this, the Rules (sometimes called Articles) are set out in Schedule 3 of the Regulations applicable to the Strata Titles Act.

Rules of a Strate Corporation

Articles (Rules)

Articles are the rules of the strata corporation. While legal obligations under the Strata Titles Act cannot be avoided or changed, the articles are determined by the strata corporation itself. The articles bind the unit holders, tenants, and the strata corporation to an agreement regarding the use and upkeep of units and common property.

 

Schedule 3 of the Strata Titles Act sets out the articles for all strata corporations. A full list is included on page 13. If a particular strata corporation wishes to adopt its own articles or amend any number of its articles it can do so. However, a corporation cannot prevent a unit owner from selling or letting out a unit.

Meetings and Resolutions

A strata corporation may hold a meeting of its members (a general meeting) anytime. This can be called by the secretary or any two members of the management committee or one fifth of the unit holders, or if it is the first meeting, the original registered proprietor.

 

Voting is on the basis of one vote per unit. At least 14 days written notice must be given to all unit holders before the meeting. A meeting must be held at least once every calendar year, and within 15 months of the last annual general meeting. A quorum is not less than half the units represented in person or by proxy.

 

Decisions of any meeting are made by three types of resolutions. The Strata Titles Act specifies the type of matters that require particular resolutions.

Articles Under the Strata Titles

Act 1988, schedule 3 These may be changed by a special resolution of the corporation.

Articles of Strata Corporation

  1. (1) A unit holder must:

    (a) maintain the unit in good repair;

    (b) carry out any work ordered by a council or other public authority in respect of the unit.

    (2) The occupier of a unit must keep it in a clean and tidy condition.
     

  2. A person bound by these articles:

    (a) must not obstruct the lawful use of the common property by any person; and

    (b) must not use the common property in a manner that unreasonably interferes with the use and enjoyment of the common property by the other members of the strata community, their customers, clients, or visitors; and

    (c) must not make, or allow his or her customers, clients, or visitors to make, undue noise in or about any unit or the common property; and

    (d) must not interfere, or allow his or her customers, clients, or visitors to interfere, with others in the enjoyment of their rights in relation to units or common property.
     

  3. A person bound by these articles must not use the unit, or permit the unit to be used, for any unlawful purpose.
     

  4. Subject to the Strata Titles Act 1988, a person bound by these articles must not, without the strata corporation's consent, keep any animal in, or in the vicinity of, a unit.
     

  5. A person bound by these articles

    (a) must not park a motor vehicle in a parking space allocated for others or on a part of the common property on which parking is not authorised by the strata corporation; and

    (b) must take reasonable steps to ensure that his or her customers, clients or visitors do not park in parking spaces allocated for others or on parts of the common property on which parking is not authorised by the strata corporation.
     

  6. A person bound by these articles must not, without the consent of the strata corporation:

    (a) damage or interfere with any lawn, garden, tree, shrub, plant or flower on the common property; or

    (b) use any portion of the common property for his or her own purposes a garden.
     

  7. A person bound by these articles must not:

    (a) bring objects or materials onto the site of a kind that are likely to cause justified offence to the other members of the strata community; or

    (b) allow refuse to accumulate so as to cause justified offence to others.
     

  8. A person bound by these articles must not, without the consent of the strata corporation, display any sign, advertisement, placard, banner, or any other conspicuous material of a similar nature:

    (a) on part of his or her unit so as to be visible from outside the building; or

    (b) on any part of the common property.

     

  9. The occupier of a unit may, without the consent of the strata corporation, paint cover or in any other way decorate the inside of any building forming part of the unit and may, provided that unreasonable damage is not caused to any common property, fix locks, catches, screens, hooks and other similar items to that building.
     

  10. The occupier of a unit used for residential purposes must not, without the consent of the strata corporation, use or store on the unit or on the common property any explosive or other dangerous substance.
     

  11. A person bound by these articles:

    (a) must maintain within the unit. or on a part of the common property set apart for the purpose by the strata corporation, a receptacle for garbage adequately covered; and

    (b) must comply with all council by-laws relating to the disposal of garbage.
     

  12. A unit holder must immediately notify the strata corporation of:

    (a) any change in the ownership of the unit, or any change in the address of an owner:

    (b) any change in the occupancy of the unit.

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