Unless they changed their rules previously, all owners corporations inherited new default rules for managing units plans from 1 November 2020. This means all owners corporations in the ACT largely operate on the same rules, ensuring more consistency.
Rules made by owners corporations need to be compatible with the Human Rights Act 2004 and not be harsh, unconscionable or oppressive.
Owners corporations will need to register the rules they make with the Land Titles Office within 3 months of passing the rules or they will have no effect.
Owners corporations need to create a rule for the granting of a special privilege to use common property for a period of 3 months or more. An example of a special privilege is, for example, giving a certain unit owner access to a goods lift or part of the common property area for outdoor café seating. Owners corporations can impose reasonable conditions on the special privilege. As it is a rule, the special privilege needs to be registered so other unit owners or buyers can find out what special privileges exist within a units plan and so the owners corporation can enforce them and any conditions that may apply. Further information is included below under Transitional arrangements for units plans.
The rules that apply to tenants renting a unit in a units plan have also been clarified. All tenants need only comply with the owners corporation rules if they are consistent with the residential tenancy agreement. The main exception relates to pets. Even if a tenant has a landlord's permission for a pet, they still need to comply with any owners corporation rule about animals, including any consent process or conditions for keeping pets. However, owners corporations are encouraged to adopt new, default pet-friendly rules – see Pets information below for further details.
