Conduct Rules in Community Schemes: A Five-Part Guide
Conduct rules play an important role in community living. They help residents understand what is expected of them and give trustees and directors a framework for managing common concerns fairly and consistently.
However, conduct rules cannot simply be created or enforced informally. They must be reasonable, lawful, properly approved and applied through a fair process.
This five-part series explains how conduct rules work, how they can be changed and what schemes should consider when dealing with common issues such as pets, noise, rentals, parking, utilities and security.
Article 1: Conduct Rules in Community Schemes
Begin with an overview of what conduct rules are, what they may regulate and when scheme-specific rules become legally enforceable.
Article 2: How to Change Conduct Rules
Follow the formal process for drafting, circulating, approving and submitting amended conduct rules to CSOS. This article also explains the importance of the Section 10 Certificate.
Article 3: What Rules Are Allowed vs Undesirable
Understand the difference between reasonable, lawful rules and provisions that may be considered discriminatory, excessive or undesirable by CSOS.
Article 4: Enforcing Conduct Rules Properly
Learn how to follow a fair and consistent enforcement process, including written warnings, the owner’s opportunity to be heard, proportionate fines and proper record-keeping.
Article 5: Pets, Rentals, Noise, Vehicles, Utilities and Security Issues
Explore practical guidance on the everyday conduct-rule issues that frequently cause uncertainty or disputes within community schemes.
Creating Fair and Enforceable Rules
Effective conduct rules should protect the interests of the community without unreasonably limiting the rights of owners, residents, tenants, visitors or employees.
Scheme executives should ensure that their rules are current, properly certified and consistently applied. They should also keep clear records of warnings, meetings and decisions so that the scheme can demonstrate that a fair process was followed if an enforcement decision is challenged.
Read the full series to understand how well-drafted and properly enforced conduct rules can support a safer, fairer and more harmonious community.