Living In A Village - Information Sheet L2

Village Rules

Under the Residential Tenancies Act (Part 4A), the owner of the land-lease village may make the rules for the use, enjoyment, control, and management of the village.

The rules will cover such topics as:

• the making and abatement of noise
• motor vehicle speed limits
• parking of motor vehicles
• the disposal of rubbish
• the keeping of pets
• the playing of games and other sports
• the use and operation of communal facilities

The rules must be included in the Site Agreement and given to prospective home owners prior to the Site Agreement being signed.

The village owner must take all reasonable steps to ensure that the village rules are reasonable and are enforced and interpreted consistently and fairly.

A village owner must not make a rule that requires a home owner to undertake an upgrade or improvement to the home owner’s dwelling, unless the upgrade is required to keep the dwelling in a reasonable state of cleanliness, safety, and good repair.

If the village owner wishes to change the rules of the village, home owners must be consulted and given 14 days to respond, in writing, to the proposed changes. The village owner must respond, in writing, to the written concerns of the home owners. Following the consultation, home owners must be given at least 7 days’ written notice before the change can take place. A penalty applies if this notice is not given.

If home owners believe a rule is unreasonable, they can apply individually, for a hearing at the Victorian Civil and Administrative Tribunal (VCAT). The VCAT decision is binding. Check the VCAT site for more information https://www.vcat.vic.gov.au

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