This article discusses whether a strata residents code of conduct should be adopted as a by-law for enforceability or remain as informal house rules to guide behaviour.
Question: Is there a Resident’s Code of Conduct I could table through an AGM Motion for our Strata Body Corporate Scheme. Ideally this would encompass codes of conduct Resident to Resident and Resident to Body Corporate Committee.
Answer: If there is specific regulation required for the management of a complex it should be proposed as a by-law and voted on by owners whether to accept it.
Body Corporates are regulated under the terms of the legislation relevant to the scheme and the by-laws of that scheme. If there is specific regulation required for the management of a complex it should be proposed as a by-law and voted on by owners whether to accept it.
Otherwise, some schemes do have ‘House Rules’ or other unofficial codes and these can be useful as a guide for how to get the most out of living at a property. Maybe they set out some practical information about security or waste removal or give you an idea of how to contact the Committee. If they help people understand how to use the complex and get along with their neighbours, that can only be a good thing. Unfortunately, there will always be a few people who have trouble with this type of direction and in that instance it is important to remember that the house rules are just a guide and that the by-laws are the default tool for enforcement.
If you want to propose a set of house rules for your site then that sounds like a proactive way of communicating with owners. However, if you are considering listing them at a general meeting why wouldn’t they be proposed as by-laws and voted on accordingly? It may be better to simply have the committee review them and distribute to owners.
This post appears in Strata News #463.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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