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Our Committee of Management (Victoria) make up OC rules at a whim, which they and our OC Manager say then become the approved OC Rules. They introduced ‘Carpark Rules’ and more recently a rule to exclude non-residential lot owners from using common property in the carpark. i.e excluding owners from using their own property. (We’re a combined carpark and apartment block.)
I’m gaslit and bombarded by long wordy emails when I ask for clarity. I understand OC rules can be made by special resolution of all owners by ballot or meeting (Section 138 Act). My manager cites Section 113 that says a Committee decision becomes an OC decision.
I counter that by suggesting rule making is out of the powers of a committee. There was clarity about this in an update to Section 113 in 2021. Who’s right?
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Who’s right?
You are of course.
Refer the Manager and the Committee to s.101 which specifically excludes Committee authority for matters that require a Special Resolution.
101 Functions and powers of committee
Subject to the rules of the owners corporation, a committee has all the powers and functions that are delegated to it by or under section 11.
Note Powers and functions that require a unanimous resolution, a special resolution or a resolution at a general meeting of the owners corporation cannot be delegated under section 11.
As I am in NSW I am unfamiliar with the Victorian legislation, though I am guessing it’s similar to NSW in concept.
The “rules” of a strata are the bylaws. If it’s enshrined in a bylaw, then the OC has the power to have the bylaw enforced. In the case where a perpetrator does not heed a notice to comply, the OC can ask a court to impose fines or directions.
”Rules” drawn up by an OC and not a bylaw, are unenforceable in any way. You could act counter to the rules and the strata has no weight to force one to be compliant.
However, many strata set up rules to help run the building. For example, circulate the car park in a clockwise direction. It makes traffic management easier, but if someone wants to go the other way, the OC can’t do anything about it.