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Parties, Pets and Renovating... Strata Rules to Know in Victoria
Are you planning a big reno or being kept up at night by noisy neighbours? It pays to know your building's by-laws
Georgia Madden
24 February 2022
Apartment and townhouse living certainly has many benefits – the convenience of having someone else manage those tedious tasks such as cleaning the pool and mowing the lawn, not to mention proximity to shops and transport. But when your neighbours live right across the hallway and common areas are shared by all, having some rules in place is key to communal harmony.
In the second part of a two-part series, we chatted with strata experts in Victoria to find out what’s permitted and what’s not in a strata dwelling. If you live in NSW, you can read the first story, which looks at NSW strata laws, here.
In the second part of a two-part series, we chatted with strata experts in Victoria to find out what’s permitted and what’s not in a strata dwelling. If you live in NSW, you can read the first story, which looks at NSW strata laws, here.
Are strata rules the same in Victoria and NSW?
Julie McLean, chair of education and a board member of the SCA (Strata Community Association) Victoria, says:
The principles of the strata rules in Victoria and NSW are the same, with ‘protection of quiet enjoyment’ as a pillar.
Both NSW and Victoria owners corporations can create further rules or by-laws for better governance purposes, provided they are not harsh, unconscionable or oppressive, restrict the use of a lot, or prohibit or restrict the keeping of pets.
Julie McLean, chair of education and a board member of the SCA (Strata Community Association) Victoria, says:
The principles of the strata rules in Victoria and NSW are the same, with ‘protection of quiet enjoyment’ as a pillar.
Both NSW and Victoria owners corporations can create further rules or by-laws for better governance purposes, provided they are not harsh, unconscionable or oppressive, restrict the use of a lot, or prohibit or restrict the keeping of pets.
Are there any fine differences between the state laws?
McLean says:
The style of writing is different. Victoria’s Model Rules provide general guidelines whereas NSW has specific and operational statements.
For Victoria, this means there is more room for different interpretations, and it gives each owners corporation an opportunity to create their own policy of what that Model Rule means to them.
Other differences include:
McLean says:
The style of writing is different. Victoria’s Model Rules provide general guidelines whereas NSW has specific and operational statements.
For Victoria, this means there is more room for different interpretations, and it gives each owners corporation an opportunity to create their own policy of what that Model Rule means to them.
Other differences include:
- In Victoria, an owners corporation can’t prevent short-term letting through its rules. It can only regulate the behaviour and seek compensation for any damage caused.
- Victoria’s Model Rules provide for an internal dispute resolution process to be conducted to try to mediate between unhappy neighbours.
- NSW Model By-Laws have tried to provide more regulation around overcrowding, a requirement to notify if a lot is to be used for short-term or holiday letting, as well as supporting the statutory requirement around window locks.
What are your rights when it comes to noisy neighbours in a Victorian strata?
Gregor Evans, president of the SCA, says:
Gregor Evans, president of the SCA, says:
- Most owners corporations (which run the common property in a strata complex) have registered rules that deal with noise. However, while there may be rules in place, an owners corporation is not obligated to take any action. We therefore suggest that if your neighbours are causing a nuisance by creating unreasonable noise, consider the following:
- Contact your neighbour: Often the person creating unreasonable noise is unaware that they are causing a nuisance to their neighbours and will stop once informed.
- The best approach is to be conciliatory: Speak to them face-to-face or via your property’s intercom system (if there is one) or place a note in their letterbox or under their door.
What’s the best course of action to take with a noisy neighbour?
McLean says:
As mentioned, in most cases people are unaware that their activity is disturbing others. The first part of managing conflict is not to assume, but to reach out, meet your neighbour and have a conversation. Remember they may be your neighbour for a long time, so keep it friendly.
Escalating immediately to breach notice stage is not a good idea if you want to preserve community. However, you may need help if step one has not worked.
Reaching out to your building manager, strata manager or your committee representative so they can introduce the rules to your neighbour and confirm they have been inducted may help preserve neighbourly relationships.
McLean says:
As mentioned, in most cases people are unaware that their activity is disturbing others. The first part of managing conflict is not to assume, but to reach out, meet your neighbour and have a conversation. Remember they may be your neighbour for a long time, so keep it friendly.
Escalating immediately to breach notice stage is not a good idea if you want to preserve community. However, you may need help if step one has not worked.
Reaching out to your building manager, strata manager or your committee representative so they can introduce the rules to your neighbour and confirm they have been inducted may help preserve neighbourly relationships.
For a breach to be issued, an owners corporation (building manager, strata manager or committee representative) must be reasonably satisfied that the breach has occurred. This means that some effort has been applied to verify the nuisance exists and the person concerned is aware of it.
The formal breach process gives the person time to rectify before moving further towards a visit to the tribunal. This is why you will be asked to log the issue, take photos or see if other neighbours are experiencing the same issue.
The formal breach process gives the person time to rectify before moving further towards a visit to the tribunal. This is why you will be asked to log the issue, take photos or see if other neighbours are experiencing the same issue.
It is helpful if you can rate the noise level by comparing what you experience to the sound level of your washing machine, lawn mower or chain saw. Here is a list of everyday noise levels to help.
If you have a building manager, they may be able to assist. But most often the disturbance is after hours. If this is the case, your only option is to contact the police. If it is not a life or death situation and sirens are not needed, call the Police Assistance Line on 131 444.
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If you have a building manager, they may be able to assist. But most often the disturbance is after hours. If this is the case, your only option is to contact the police. If it is not a life or death situation and sirens are not needed, call the Police Assistance Line on 131 444.
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What are your rights around pet ownership, in particular dogs?
Evans says:
An owners corporation cannot prevent you from having a pet. There are, however, rules around animals that may be a nuisance.
If the issue around a noisy pet is severe, your owners corporation may resolve that the animal is causing a nuisance to the common property and can issue a notice to the owner to remove the animal. This does not apply to an animal that assists with an impairment or disability.
Evans says:
An owners corporation cannot prevent you from having a pet. There are, however, rules around animals that may be a nuisance.
If the issue around a noisy pet is severe, your owners corporation may resolve that the animal is causing a nuisance to the common property and can issue a notice to the owner to remove the animal. This does not apply to an animal that assists with an impairment or disability.
McLean says:
Pets are welcome, bad behaviour is not – by you or your pet. Responsible pet ownership is required, otherwise you may need to choose between your pet and where you are living.
When you move in with a pet you will be asked to complete a pet application. This is not so much approval as a registration process.
Pets are welcome, bad behaviour is not – by you or your pet. Responsible pet ownership is required, otherwise you may need to choose between your pet and where you are living.
When you move in with a pet you will be asked to complete a pet application. This is not so much approval as a registration process.
What if you’re being disturbed by barking dogs?
McLean says:
The first step is to log the pattern. This will help the neighbour to understand when it is happening.
You also need to identify which unit the dog belongs to. Also, talk to your other neighbours to see if they are being disturbed as well. They may also be able to confirm if the dog is inside or outside, leashed or free to roam. The more details the better to help the owner understand the cause. Remember, they are most likely not there to see or hear what is happening.
The first step is to speak with your neighbour to try to resolve the issue. Local council may also be able to assist.
McLean says:
The first step is to log the pattern. This will help the neighbour to understand when it is happening.
You also need to identify which unit the dog belongs to. Also, talk to your other neighbours to see if they are being disturbed as well. They may also be able to confirm if the dog is inside or outside, leashed or free to roam. The more details the better to help the owner understand the cause. Remember, they are most likely not there to see or hear what is happening.
The first step is to speak with your neighbour to try to resolve the issue. Local council may also be able to assist.
What if you want to rent your apartment as short-term accommodation?
Evans says:
The owners corporation rules in Victoria cannot restrict a lot from letting their apartment on a short-term basis.
There is legislation that came into effect in 2018 that states that an owner, resident or manager can make a complaint about an alleged breach by a short-stay occupant. The owners corporation may apply to the Victorian Civil and Administrative Tribunal (VCAT) and seek either a civil penalty or a prohibition order, meaning the lot owner cannot rent out their property for short stays.
Evans says:
The owners corporation rules in Victoria cannot restrict a lot from letting their apartment on a short-term basis.
There is legislation that came into effect in 2018 that states that an owner, resident or manager can make a complaint about an alleged breach by a short-stay occupant. The owners corporation may apply to the Victorian Civil and Administrative Tribunal (VCAT) and seek either a civil penalty or a prohibition order, meaning the lot owner cannot rent out their property for short stays.
What steps should you take to rent out your property for short-term accommodation?
McLean says:
As a responsible lot owner who wants to exercise their right to use their property as short-term accommodation, but not to cause increased expenses to the building or yourself, you should:
1. Register with the owners corporation and let them know that your apartment is on short-term letting platforms.
2. Appoint a responsible person and provide their contact details who will respond to any disturbance within one hour of being notified (that may be you or your agent).
3. Have a process where handing over keys and fobs does not involve using key safes on the common property. If you do install a key safe, it can be removed without notice by the owners corporation.
McLean says:
As a responsible lot owner who wants to exercise their right to use their property as short-term accommodation, but not to cause increased expenses to the building or yourself, you should:
1. Register with the owners corporation and let them know that your apartment is on short-term letting platforms.
2. Appoint a responsible person and provide their contact details who will respond to any disturbance within one hour of being notified (that may be you or your agent).
3. Have a process where handing over keys and fobs does not involve using key safes on the common property. If you do install a key safe, it can be removed without notice by the owners corporation.
4. Make sure that each guest is inducted and has access to the rules and fire-safety procedure.
5. If the building has CCTV, let the guest know.
6. Understand the Covid requirements for common property use.
7. Do not allow move in/move out
during the night or early morning.
8. Be aware of the consequences of badly behaving guests and the potential fines for you and your hosts.
5. If the building has CCTV, let the guest know.
6. Understand the Covid requirements for common property use.
7. Do not allow move in/move out
during the night or early morning.
8. Be aware of the consequences of badly behaving guests and the potential fines for you and your hosts.
Evans says:
You should also review the owners corporation rules to ensure there is nothing that may limit you. For example, if your property has a car stacker and an induction is required with each new user, it may not be practical for each short-stay guest to pay your building manager around a hundred dollars for an induction just to use your stacker.
You also should ensure that a copy of the owners corporation rules is provided to each guest.
You should also review the owners corporation rules to ensure there is nothing that may limit you. For example, if your property has a car stacker and an induction is required with each new user, it may not be practical for each short-stay guest to pay your building manager around a hundred dollars for an induction just to use your stacker.
You also should ensure that a copy of the owners corporation rules is provided to each guest.
What are the rules around cigarette smoke?
McLean says:
Smoking is not permitted on or around the common property and those who live in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance does not penetrate to the common property or any other lot.
McLean says:
Smoking is not permitted on or around the common property and those who live in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance does not penetrate to the common property or any other lot.
What are the rules around renovating your apartment?
McLean says:
The Model Rules require that you seek approval before you undertake any works to alter the external appearance of your apartment.
In most cases approval is not unreasonably withheld, but might include terms and conditions that ensure your neighbours are not impacted, a colour scheme is maintained or certain cladding materials are used. It might also cover times the work can happen, and where waste will be stored.
You owners corporation might have other registered rules and, if they do, it is most likely there will be a longer list of specified requirements to comply with.
McLean says:
The Model Rules require that you seek approval before you undertake any works to alter the external appearance of your apartment.
In most cases approval is not unreasonably withheld, but might include terms and conditions that ensure your neighbours are not impacted, a colour scheme is maintained or certain cladding materials are used. It might also cover times the work can happen, and where waste will be stored.
You owners corporation might have other registered rules and, if they do, it is most likely there will be a longer list of specified requirements to comply with.
What steps should you take if you plan to renovate?
McLean says:
Check with you building manager, strata manager or committee representative what the process is. You may need to submit a formal application or present a visual mock-up of your proposed works to the committee.
McLean says:
Check with you building manager, strata manager or committee representative what the process is. You may need to submit a formal application or present a visual mock-up of your proposed works to the committee.
What’s good to know if you plan to renovate?
McLean says:
McLean says:
- Make sure you apply for permission before you start. Not doing so could be costly.
- Notify your neighbours that you are renovating and check with them if they have any issues that might impact them – for example, if their baby sleeps between 2pm and 4pm, noise should be avoided then.
- Make sure you know the thermal and acoustic ratings to maintain. Ripping up the carpet may comprise the sound rating and is a costly mistake.
- Make sure any fire services/detectors in your apartment are isolated, particularly if the works are going to produce a lot of dust. If a fire truck is called, it will cost you in excess of AU$3,000.
- Be aware of your apartment’s structural load limitations – you probably won’t be able to put that spa on the balcony.
Evans says:
- Owners corporations sometimes hold plans that can assist you with your renovation, so ask your manager about it before you start. They also sometimes have finishes schedules that will include the original contractors’ details and the details of the original finishes, such as paint colours.
What should you do if your strata doesn’t respond to a complaint you’ve made or you don’t agree with their decision?
McLean says:
To start the internal dispute process in Model Rule 7 (that is, you want the committee to try to mediate between you and your neighbour), then you must submit a Formal Complaint on the approved form – you can’t just send an email.
If you are being listened to, but can’t reach an agreement, then you can try the Dispute Settlement Victoria service. This is a free service and if the parties are willing to attend, they will help you come to an agreement.
If you feel you are not being heard or you don’t like a decision the committee has made, then it’s off to the Victorian Civil and Administrative Tribunal.
McLean says:
To start the internal dispute process in Model Rule 7 (that is, you want the committee to try to mediate between you and your neighbour), then you must submit a Formal Complaint on the approved form – you can’t just send an email.
If you are being listened to, but can’t reach an agreement, then you can try the Dispute Settlement Victoria service. This is a free service and if the parties are willing to attend, they will help you come to an agreement.
If you feel you are not being heard or you don’t like a decision the committee has made, then it’s off to the Victorian Civil and Administrative Tribunal.
Your turn
Did you find this story useful? Tell us in the Comments below, like this story, save the images for inspiration, and join the conversation.
More
Keen to read about the NSW strata laws? Check out this story: Living in a Strata Block in NSW? Your Burning Questions Answered
Did you find this story useful? Tell us in the Comments below, like this story, save the images for inspiration, and join the conversation.
More
Keen to read about the NSW strata laws? Check out this story: Living in a Strata Block in NSW? Your Burning Questions Answered
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