ACT: Are alternate rules such as a code of conduct and pet provisions legal and enforceable?

Question: Our Unit Plan recently introduced a Code of Conduct as an alternative to the default rules and modified other parts of the default rules to include special provisions. Are these alternate rules legal and enforceable?

Our Unit Plan recently introduced the following Code of Conduct as an alternative to the default rules:

Code of Conduct for Owners, Occupiers and Users of Units.

1. An owner, occupier of user of a unit must treat all other owners, occupiers and users of units with courtesy and respect at all times taking into account that:
   
   1. Executive members are available to provide informal routine advice and information to owners, occupiers and users of units as appropriate;
   2. Owners and occupiers of units who wish to raise important matters concerning their unit, or other matters, for consideration by the executive committee must submit the request in writing to the managing agent in the first instance, except in an emergency requiring immediate action.
2. Intemperate behaviour, offensive language and other abuse is unacceptable, and is not permitted.

The code was developed within our Unit Plan but modified by our Managing Agents. Our rules have now been registered in the ACT.

We also had modified other parts of the default rules to include special provisions for the keeping of pets as follows:

Pets in units

1. A unit owner or occupier (the pet owner) may keep an animal, or permit an animal to be kept, within the unit if—
   
   1. the total number of animals kept within the unit (other than birds in a cage or fish in an aquarium) is not more than 3; and
   2. the pet owner ensures that the animal is kept on a leash and is appropriately supervised when the animal is on the common property; and
   3. the pet owner keeps the animal secure within the unit so that it cannot escape the unit unsupervised; and
   4. the pet owner cleans any area of the units plan that is soiled by the animal; and
   5. the pet owner takes reasonable steps to ensure the animal does not cause a nuisance or a risk to health or safety or wild life.
2. The pet owner must, within 14 days of the day the animal is first kept within the unit, tell the owners corporation, in writing, that the animal is being kept within the unit.

Are these alternate rules legal and enforceable?

Answer: Your Code of Conduct and modified rules are enforceable so long as they’re not in breach of any other legislation.

Yes, basically, with the registered rules, they are enforceable so long as they’re not in breach of any other legislation. It’s not only the Unit Title Management Act that we’re talking about here. We talk about local government acts, we also talk about Discrimination Act. There’s a lot of other legislation that needs to be considered when making alternative rules. The default rules are the best way to start and then add to them, but be very conscious that if they are in breach of those other legislations that makes it very difficult.

We would definitely recommend you seek legal advice when making changes. I think that this is an area where if you do have a rule and you want to enforce it, you want to make sure that you’re on solid ground. There’s been some interesting decisions made in the different tribunals throughout Australia, so it’s best that an Owners Corporation feels that they have the correct advice and that they’re confident going forward that their rules will be enforceable.

Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700