Special Rules – they might be made by the owners corporation but are they valid?

An owners corporation has the power to make special rules under s138 of the Owners Corporation Act through a special resolution.  Special rules are required to be lodged with the Registrar of Titles (s142 of the Act) and can therefore be found on the Register by prospective purchasers.

Importantly, making rules by special resolution and placing those rules on the Register does not mean those rules are necessarily valid.  Continue reading