Having just arrived back from a week in Surfers Paradise with family it’s nice to be sitting in a stable seat (rather than one attached to a very flimsy looking roller-coaster being powered by Superman). However, it was impressive to see the level of highrise development happening on the Gold Coast. There were cranes and workers all over the place. The $850m Soul Surfers residential complex was at about level 55 (it’s destined to have another 22 levels). The Hilton Surfers Paradise has recently reached its top level and is due for completion later this year, and there was plenty of other stuff going on too.
It wasn’t really a week for thinking about legal issues. To be frank most of the legal stuff I dealt with last week was about not running around the pool and not throwing stuff off the balcony.  There were plenty of those sorts of rules though and it struck me that there is a balance to be reached in a  residential complex between useful rules that ensure people are respectful of each other and making sure absolutely nobody ever gets offended. My kids thought it a  bit tough not being allowed to jump, dive, throw a ball, splash or wear suntan lotion in the pool. 

So what rules are you bound by as a unit owner? Body corporate rules must be passed by a resolution of the owners. Some rules can be changed by majority, some need a unanimous decision. They are not effective until they have been registered at LINZ. The unit titles act doesn’t bind you to any other rules. 

 As an owner you are bound by rules that have been properly made, and so is anyone in occupation of the unit. So if you (or a majority of your co-owners) agreed that there should be no splashing in the pool, then those are the rules. 

Debra Dorrington

Don’t forget, it’s a blog, it’s not legal advice.  See your lawyer for that.