1 HEALTH, SAFETY AND SECURITY
1.1 Health, safety and security of lot owners, occupiers of lots and others
A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the
health, safety and security of an owner, occupier, or user of another lot.

1.2 Storage of flammable liquids and other dangerous substances and materials
1.2.1 Except with the approval in writing of the owners corporation, an owner or occupier of a
lot must not use or store on the lot or on the common property any flammable chemical,
liquid or gas or other flammable material.
1.2.2. This rule does not apply to--
(a) chemicals, liquids, gases or other material used or intended to be used for
domestic or commercial (i.e. café) purposes; or
(b) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or
internal combustion engine.

1.3 Waste disposal
An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect
the health, hygiene or comfort of the occupiers or users of other lots.

2 MANAGEMENT AND ADMINISTRATION

2.1 Metering of services and apportionment of costs of services
2.1.1. The owners corporation must not seek payment or reimbursement for a cost or charge
from a lot owner or occupier that is more than the amount that another supplier would
have charged the lot owner or occupier for the same goods or services.
2.1.2. If a supplier has issued an account to the owners corporation, the owners corporation
cannot recover from the lot owner or occupier an amount which includes any amount
that is able to be claimed as a concession or rebate by or on behalf of the lot owner or
occupier from the relevant supplier.
2.1.3. Rule 2.1.2. does not apply if the concession or rebate--
Owners Corporation Rules – 143 – 147 Riversdale Rd, Hawthorn
(a) must be claimed by the lot owner or occupier and the owners corporation has
given the lot owner or occupier an opportunity to claim it and the lot owner or
occupier has not done so by the payment date set by the relevant supplier; or
(b) is paid directly to the lot owner or occupier as a refund.

3 USE OF COMMON PROPERTY
3.1 Use of common property

3.1.1. An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the
common property by any other person entitled to use the common property.
3.1.2. An owner or occupier of a lot must not, without the written approval of the owners
corporation, use for his or her own purposes as a garden any portion of the common
property.
3.1.3. An approval under Rule 3.1.2. may state a period for which the approval is granted.
3.1.4. If the owners corporation has resolved that an animal is a danger or is causing a nuisance
to the common property, it must give reasonable notice of this resolution to the owner or
occupier who is keeping the animal.
3.1.5. An owner or occupier of a lot who is keeping an animal that is the subject of a notice
under Rule 3.1.4. must remove that animal.
3.1.6. Rules 3.1.4.and 3.1.5. do not apply to an animal that assists a person with an impairment
or disability.

3.2 Vehicles and parking on common property
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor
vehicle or other vehicle or permit a motor vehicle or other vehicle--
3.2.1. to be parked or left in parking spaces situated on common property and allocated for
other lots; or
3.2.2. on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot;
or
3.2.3. in any place other than a parking area situated on common property specified for that
purpose by the owners corporation.

3.3 Damage to common property
3.3.1. An owner or occupier of a lot must not damage or alter the common property without
the written approval of the owners corporation.
3.3.2. An owner or occupier of a lot must not damage or alter a structure that forms part of the
common property without the written approval of the owners corporation.
3.3.3. An approval under Rules 3.3.1. or 3.3.2. may state a period for which the approval is
granted, and may specify the works and conditions to which the approval is subject.
Owners Corporation Rules – 143 – 147 Riversdale Rd, Hawthorn

4 LOTS
4.1 Change of use of lots
An owner or occupier of a lot must give written notification to the owners corporation if the owner
or occupier changes the existing use of the lot in a way that will effect the insurance premiums for
the owners corporation.
Example: If the change of use results in a hazardous activity being carried out on the lot, or results
in the lot being used for commercial or industrial purposes rather than residential
purposes.

5 BEHAVIOUR OF PERSONS
5.1 Behaviour of owners, occupiers and invitees on common property
An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or
occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment
of any other person entitled to use the common property.
5.2 Noise and other nuisance control

5.2.1. An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably
create any noise likely to interfere with the peaceful enjoyment of any other person
entitled to use the common property.
5.2.2. Rule 5.2.1. does not apply to the making of a noise if the owners corporation has given
written permission for the noise to be made.

6 DISPUTE RESOLUTION
6.1 The grievance procedure in this rule applies to a dispute involving a lot owner, manager, occupier of
a lot or the owners corporation.
6.2 The party making the complaint must prepare a written statement setting out all of the matters
complained of including references to the alleged breaches of the Act, the Regulations and rules of
the owners corporation, using the approved complaint form.
6.3 The complaint must name the party or parties complained of.
6.4 The written statement must be forwarded to the owners corporation at its address for service. The
complainant must serve a copy of the written complaint on all parties complained of and advise the
owners corporation of the date and manner of service.
6.5 The committee of the owners corporation may appoint a grievance committee to consider the
complaint. If the committee does appoint a grievance committee, the committee will constitute the
grievance committee.
6.6 The grievance committee will consider the complaint and at its discretion may:
a. call for written responses from the party or parties subject to the complaint;
b. request that the complainant provide further particulars;
c. request any other party that it believes may be able to assist in resolving the dispute provide
a written submission;
d. allow the complainant to view the responses by the party or parties subject to the
complaint.
6.7 The grievance committee may determine the time by which a written submission or response is to
be made but it shall not be less than 14 days from the date the party is notified.
Owners Corporation Rules – 143 – 147 Riversdale Rd, Hawthorn
6.8 A party who does not comply with the date or dates for response or submission set by the grievance
committee will be deemed to have abandoned the right to make such response or submission.
6.9 The grievance committee shall consider the written submissions, responses and any other material it
considers relevant or necessary and may, at its discretion, conduct a grievance meeting between the
parties to the complaint and any other party that may assist in resolving the dispute.
6.10 The grievance committee is not required to conduct a grievance meeting and may determine the
complaint on the papers and other material as it sees fit.
6.11 If a grievance meeting is conducted, a party may appoint a representative in writing to attend a
meeting and speak on behalf of the party.
6.12 If a member who has appointed a representative does not attend the meeting the party must
authorise the representative to settle the complaint.
6.13 The grievance committee may, at its discretion, exclude all persons other than grievance committee
members from its deliberations.
6.14 The grievance committee will notify the complainants in writing of its decision within 14 days of
determining the complaints.
6.15 If a complainant makes application to the Victorian Civil and Administrative Tribunal under Part 11 of
the Owners Corporations Act 2006 in respect of the same or any matter in the complaint, the
complainant will be deemed to have withdrawn the complaint and the owners corporation will not
be required to take any further steps regarding the complaint.
6.16 This procedure cannot be used for any matter which has been subject to an application under Part
11 of the Owners Corporations Act 2006
Owners Corporation Rules – 143 – 147 Riversdale Rd, Hawthorn

SPECIAL RULES
Use of Common Property and Lots

DAMAGE TO COMMON PROPERTY
A member must not, and must ensure that the occupier of a member’s lot does not and must take all
reasonable steps to ensure that a guest does not:
1. Damage, deface, obstruct or permit to be damaged, defaced or obstructed any entrances,
passages, stairways, lifts, entrance, landings, pathways or any part of the Common
Property or use them for any purpose other than the purpose for which they are provided
or properly available.
2. Damage, obstruct or interfere or permit to be damaged, obstructed or interfered with
any fire appliance, cupboard, stairway or landing in the building.
3. Use any fire appliance or fire equipment for anything other than extinguishing a fire.
4. Use the common property or permit it to be used in a manner that is likely to cause
damage or deterioration to the common property.
5. 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.
6. Use or permit the lot to be used for any purpose which may be illegal or injurious to the
reputation of the building 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.
7. Use or permit a Lot or Common Property to be used in a manner that would contravene
any planning regulations, requirements or restrictions placed on the Plan of Subdivision.

APPEARANCE AND MAINTENANCE OF LOT
A Member must not, and must ensure that the Occupier of a Member’s lot does not:
1. Allow any part of the lot to become unreasonably untidy, unclean or not properly
maintained so that it detracts from the amenity or appearance of the building.
2. Make or permit to be made any undue noise in or about the common property or lot
unless the Owners Corporation has given prior written consent for the noise to be made.
3. Make or permit to be made noise from audio equipment music or machinery which may
be heard outside the lot.
4. Without the prior written consent of the Owners Corporation and then only on the terms
and subject to the conditions specified in that consent:-
4.1. Make or permit to be made any alterations or additions whether structural or
otherwise to the exterior of the lot and/or any accessory lot or any part thereof;
4.2. Erect a wrought iron door or security door or flywire door to the lot entrance;

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