01

What these rules are for

Rules translate shared-property living into practical expectations. They may address parking, noise, pets, appearance, use of facilities, access, exclusive-use areas, behaviour on common property and administrative procedures. They operate alongside legislation, the plan, planning controls, contracts and other laws.

In South Australia, strata articles can bind the corporation, unit holders and, for use-related matters, tenants. Community-title by-laws can bind the corporation, owners, occupiers and people entering the property. The precise reach depends on the relevant Act and wording.

02

Rules cannot override the law

A corporation cannot solve every problem by passing a new rule. A by-law or article must be authorised by the legislation and must not conflict with superior laws, including discrimination, privacy, planning and other legal obligations. A rule may also be invalid if it exceeds the corporation's power or is made using the wrong process.

This is why copying a rule from another building or another state is risky. Similar-looking schemes may have different title structures, statutory language, registration requirements and resolution thresholds.

03

Changing and enforcing rules

Changes should begin with the problem the corporation is trying to solve, not merely the wording someone prefers. The proposed rule should be checked against the Act and plan, circulated with the meeting material, decided by the required resolution and lodged or registered where required. SA.GOV.AU states that community-title by-law variations require a special resolution and must be lodged with Land Services SA within 14 days.

Enforcement should be consistent, evidence-based and procedurally fair. Start with the current registered wording, identify the specific conduct, keep a record, provide the required notice and allow an opportunity to respond. Committees should avoid selective enforcement or inventing penalties that the rules and legislation do not support.

04

Before relying on a rule

  1. 01

    Obtain the current registered articles or by-laws, not an old welcome pack.

  2. 02

    Read them with the plan and any exclusive-use provisions.

  3. 03

    Confirm who is bound, what approval is required and what enforcement path is available.

  4. 04

    Seek legal advice where validity, discrimination, substantial penalties or court action may be involved.

Sources

Official sources and further reading