Conduct Rules – Pets, Rentals, Noise, Vehicles, Utilities and Security Issues
Pets: can schemes restrict certain breeds?
Yes – if restrictions are reasonable and included in the rules (e.g., certain “vicious dog” breeds not permitted). Pet applications should be structured so owners know up front what is and isn’t allowed.
Assistance animals: can they be refused?
Assistance animals (guide dogs/emotional support animals) must be handled carefully; schemes cannot adopt rules that unlawfully discriminate.
Noise: why do noise rules often fail?
Noise rules must include clear timeframes and enforceable parameters (days/times). Without this, enforcement and fines are difficult to defend.
Short-term rentals: can a scheme ban Airbnb?
Rules should not name platforms. Instead:
- define short-term rentals by duration (e.g., less than 6 months)
- either restrict them or allow them with strict controls (notice periods, security registration, ID records, access procedures)
Utilities: can trustees disconnect electricity for arrears?
Not without a court order. Rules can be drafted to authorise trustees to approach court for disconnection/throttling orders, which strengthens the scheme’s legal position.
Vehicles: can a scheme tow a vehicle?
No. The updated point from the latest transcription is stronger than prior phrasing: towing is not permitted, and a real example was given where trustees were arrested after arranging towing.
If a scheme wants to control parking, it should rely on lawful measures, and where used, wheel clamping must be clearly defined in the rules (how it’s applied, how it’s removed, penalties/fees, who to contact).
Tenants and unpaid rent: can security stop a tenant from leaving?
No – only a court order can restrict a tenant in that way.
Domestic employees: can schemes restrict “loitering”?
No – this is viewed as discriminatory. Rules should rather state that all staff (domestic workers, gardeners, etc.) must comply with scheme rules equally.