Body Corporate Model Rules SCHEDULE

FORM 1

Regs 104 and 219 Subdivision (Body Corporate) Regulations 2001

Subdivision Act 1988

STANDARD RULES

Use of common property and lots
A member must not, and must ensure that the occupier of a member's lot does not--

1. use the common property or permit the common property to be used in such a manner as to unreasonably interfere with or prevent its use by other members or occupants of lots or their families or visitors;
2. park or leave a vehicle or permit a vehicle to be parked or left on the common property so as to obstruct a driveway or entrance to a lot or in any place other than in a parking area specified for such purpose by the body corporate;
3. use or permit a lot affected by the body corporate to be used for any purpose which may be illegal or injurious to the reputation of the development or may cause a nuisance or hazard to any other member or occupier of any lot or the families or visitors of any such member or occupier;
4. make or permit to be made any undue noise in or about the common property or any lot affected by the body corporate;
5. make or permit to be made noise from music or machinery which may be heard outside the owner's lot between the hours of midnight and 8.00 a.m.;
6. keep any animal on the common property after being given notice by the body corporate to remove the animal after the body corporate has resolved that the animal is causing a nuisance.

Notes by POA-Vic

• The above rules apply automatically when a Body Corporate is established (in Victoria).
• Any changes to Body Corporate Rules have to be officially sent to the Registrar (of Titles).
• Its best for members of a Body Corporate to pass and register new rules long before an issue arises.
• POA-Vic recommends attaching a copy of body corporate rules as an annexure to residential leases.
• We also recommend attaching Title Plans where the location of common property is not obvious -- such as Title plan showing the location of common property pathways through shared garages.
• The word "machinery" in the model rules includes dishwashers, washing machines and dryers. Body Corporate Rules that further and unambiguously restrict usage hours are common.

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