The Rules

Owners and residents are obliged to follow:

The Australian Federal rules,
The Victoria State rules,
The Local Government (Council) rules,
The Owners Corporation rules and Regulations (All Victorian Owners Corporations have State Gov. rules and some (like this OC) have their own additional rules)

When you buy a Pagewood Park property you sign the purchase documents which include the Section 32 document which lists the rules and hence you are obliged to follow:

[A] The Owners Corporation Act 2006. See PDF attachment at bottom of this page or visit the Victoria Legislation Website for the OC Act 2006 , the OC Regulations 2018, the Subdivision Act, and Other Related Acts. Note: the Owners Corporations and Other Acts Amendment Act 2021 (21-004aa) came into effect on 01 Dec 2021. See PDF copy of this 2021 Act at the bottom of this page.

[B] The Owners Corporation Vic Regulations 2018 ~ Note: Rule 5.2 (1) says "An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.". Note: this rule is similar to Estate Rule 4 below.

[C] The Pagewood Park Rules, see below on this page. The look of the Estate has been influenced by these rules, especially Rule 4.

[D] The external appearance of lots, i.e. Clauses 48 and 129 of the Owners Corporations Act 2006 regarding maintenance of Lots.

[E] Noise Rules are covered in Owners Corporation model rules and the EPA Victoria rules.

[F] Water Use Rules are set by South East Water.

[G] Committee Policies - the Estate also has a number of Committee approved policies which are often based on Owners Corporation Resolutions from Annual General Meetings.

An Owners Corporation is automatically created when a plan of subdivision containing common property is registered at Land Use Victoria. The Owners Corporation Act 2006 came into operation 31 December 2007. Prior to this date the rules were covered by the Subdivision (Body Corporate) Regulations 2001 and the old Standard Rules. The Owners Corporation Act 2006 introduced a new set of rules (called Model Rules) in Dec 2007. The Victorian Government issued updated Model Rules in Dec 2018.

Changes to the Scheme of Development are covered in the Subdivision Act 1988 and require a unanimous resolution of the members (i.e. 100% of Lots to vote Yes)

It is important for Owners Corporations to enforce the rules they have so that all lot owners can equally enjoy their lots and common property.

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PAGEWOOD PARK RULES

(Rules as modified by owners at Nov 2008 AGM and registered with the Office of Titles Victoria - Victorian Land Registry on 27-Feb-2009 - Stamped AG374182D)

1. ANIMALS:

A member must not, and must ensure that the occupier of a member’s lot must not keep any animal or pet in their unit after being given notice by the Owners Corporation to remove such animal after the Owners Corporation has resolved that the animal or pet is causing a nuisance. A resident or occupier shall not permit a dog on the common property unless it is on a leash or similar restraint and shall immediately remove any excrement deposited by the dog.

2. VISITORS:

Residents are responsible for the good conduct of their visitors and must accompany them in the recreational areas and ensure that visitors do not make undue noise, or cause a nuisance.

3. SUPERVISION:

Residents and visitors under 18 years of age, using the common facilities and equipment must be accompanied and supervised by a resident aged 18 years or older.

4. EXTERNAL CHANGES OR ALTERATIONS:

Written approval of the Committee of Management is required:

4a. Before any structural alterations are made to the external walls or roof of any building on a resident’s allotment;

4b. Before any structural additions are commenced; or external fixtures or fittings are installed, or modified. Examples include (but are not limited to) pergolas, verandas, awnings, security blinds, sun-blinds, air-conditioning units, or letter boxes;

4c. Before any types of external flues are installed, including those required for the installation of gas/oil/solid fuel appliances;

4d. Before any external TV antennas, satellite dishes, or any other external communication receivers, are installed or changed;

4e. Before any external painting is commenced, including painting/colouring of the roof tiles;
{Note: Note: touch-up maintenance does not require an application. External painting (e.g. change of colour scheme) requires an application if it is outside of the Manager requested 9 year scheduled external painting}

4f. Before any window frames and/or windows are altered, repaired, replaced, or reglazed.
{Note: reglazing a broken window with glass of the same clarity does not require written approval}

Rule 4 Notes:

[A] Applications and approval are required for external changes. It is possible that an application could have a negative impact on neighbours.

[B] When making written application owners need to provide enough detail for a committee member to understand the application and its potential effect on the Estate. Details of the work and the location may be important. Some applications may benefit from a diagram after all a picture is worth 1,000 words. Example: just applying for "a new air conditioner" is not good enough. An application needs to detail the effect the external change will have on neighbours and the overall look of the Estate and not contain irrelevant and distracting technical details which make the application harder to read. Applications are considered at regular monthly Committee meetings. Owners should also give committee members sufficient time, say at least a week, to consider the application before a committee meeting. An application made just before a Committee meeting may have to wait a bit over four weeks until the next regular scheduled meeting.

[C] To save later problems and expense it is recommended that Committee approval (or at least approval in principle) is obtained prior to seeking Council approval or spending significant time and money on detailed designs and drawings.

[D] The Victorian Government's Owners Corporation Vic Regulations 2018 "5.2 External appearance of lots" also requires an owner or occupier to obtain the written approval before making any changes to the external appearance of their lot in 5.2 (1).

[E] CS1034 Lot External Repair Policy. The COM resolved on 10/10/2023 to formalise the following external repair policy: "A Rule 4 application is not needed for a 'like for like' repair. Example 1: Replacement of gutters with the same profile does not need an application. Changing the profile, colour, or design of the guttering would require an application. Example 2: Replacing an existing broken awning or blind with the same style and colour like for like. A different colour, style, or going from canvas to roller would require an application. Example 3: Replacing a rotten/damaged pergola with another the same size, made of the same materials, and same colour would be fine. Any alterations to size, style, materials, or colour would require an application. When in doubt, submit a Rule 4 external change application."

[F] In Nov 2020 the Committee introduced a policy of no retrospective approvals for external changes made without an approved application. If an external change has significant negative impact on the Estate then the Committee may take the issue to VCAT to have the external change reversed.

5. ERECTION OF SIGNS:

Written approval from the Committee of Management is required for the erection of auction or other sale signs, posters, etc. within the estate.

6. ENVIRONMENT / LANDSCAPE DESIGN:

Written approval is required for any significant alterations made to the landscape garden design of those areas designated by the Scheme of Development, as being under the jurisdictions of the Owners Corporation. Approval is also necessary for any changes that may affect the general environment or the uniform appearance of Pagewood Park.

7. VEHICLES AND PARKING:

7a Residents’ vehicles shall be parked in their own garages or own designated private car-port areas.

7b The use of lawns as parking areas is prohibited.

7c Visitors' parking areas shall not be used by residents' or visitors' vehicles for periods of more than one week without written request to, and express written approval from, the Committee of Management.

7d Caravans, trailers, boats, trucks, and unregistered vehicles are not permitted to be parked on common property.

Rule 7a Note: At the 2012 AGM - IT WAS RESOLVED to permit owners to park in front of their garages on the provision that the safety of residents and visitors is not compromised. Due to some people parking badly after the 2012 AGM the Committee added to the AGM resolution as follows: Car parking in front of a garage is permitted when it is safe. Safe parking is when a car is within the confines of the curbing leading to the garage and not protruding onto main carriageway obstructing the normal flow of traffic. Note - garage doors need about 980 mm (98 cm) clearance when opening, so parking closer than 1 m to the door may be problematic. See this LINK for more details.

8. SPEED LIMIT:

A speed limit of 15 kph strictly applies within the estate.

{Note: the speed limit is low because there are no footpaths; the Estate's internal roads are shared between vehicles and pedestrians. The internal roads are common property.}

9. RECREATIONAL ACTIVITIES:

9a Skateboards, trail bikes, unregistered vehicles, roller blades, scooters or similar recreational wheeled vehicles are not permitted to be ridden on common property.

{Note: bicycles are not considered to be recreational vehicles.}

9b Ball games are not permitted on the common property outside of designated areas.

9c Conditions regarding the use of the swimming pool, tennis/croquet courts and recreational hall are displayed separately, on or near the entrance to each facility. These apply to all residents and their guests and must be observed at all times.

9d The main pool is intended primarily for recreational swimming exercise. Children using the pool must allow other users to exercise, including lap swimming, without interference.

10. COMMUNITY HALL:

Written application must be submitted by residents to the Committee of Management for the exclusive hire of the Community Hall for such functions as birthdays or other private celebrations.

11. WASTE MANAGEMENT:

All household garbage, garden refuse, and recyclable materials are to be placed in council approved rigid containers. Incinerators are not permitted.

{You may find the following documents useful}