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Every article has been crafted to guide property owners, residents and developers through the complexities of strata management. Here, find practical tips, compliance facts and real-life examples of challenges and solutions, our content is tailored to make strata management information clearer and more accessible.
Can an owners corporation stop someone from playing music late at night?
Can an owners corporation stop someone from playing music late at night?
01.09.2025
Yes, an owners corporation has the authority to stop someone from playing music late at night if it causes unreasonable noise and interferes with other residents’ peaceful enjoyment of their homes. Most owners corporations have rules—either customized or default “model rules”—that specifically prohibit lot owners, occupiers, or their guests from creating unreasonable noise that impacts others. (R1)
Permissible noise levels and times are regulated both by strata by-laws and local laws. In Victoria, for example, loud music is generally prohibited after 11 pm on weekdays, weekends, and public holidays. Noise outside these hours is considered excessive, and offenders can incur penalties, including on-the-spot fines. Local councils and state regulations enforce these restrictions. (R2)
If someone keeps playing loud music late at night despite informal requests to stop, you can:
- Make a formal complaint to the owners corporation.
- Consult the strata manager, who may remind the offender of the rules and issue warnings.
- Escalate further to mediation or dispute resolution through the relevant tribunal (for example, VCAT in Victoria). (R3)
- Call the police or local council, who have the authority to issue Noise Abatement Directions or other enforcement actions, especially for late-night persistence. (R4)
- In ongoing situations, the Environmental Protection Authority (EPA) can investigate and issue orders regarding unreasonable residential noise. (R5)
Owners corporations can enforce their rules by issuing notices to lot owners or occupiers who breach noise regulations, and repeated or serious breaches can lead to formal penalties via the appropriate state authority. (R6)
In summary, late-night loud music in strata-managed properties is subject to regulation, and the owners corporation can take steps to stop it, using a combination of rules, warnings, formal complaints, and involving authorities if needed.
Reference:
- https://strataconsultants.com.au/articles/articles-model-rules-owners-corporation
- https://chu.com.au/news/guide-to-residential-noise-restrictions-in-strata-by-state/
- https://picagroup.com.au/article/noise-in-strata-property/
- https://www.reddit.com/r/AusLegal/comments/1lfa2uv/how_do_you_get_anything_done_about_constant_loud/
- https://www.epa.vic.gov.au/report-noise
- https://tlfc.com.au/oc-stop-that-noise/
Disclaimer:
The information contained in this article is accurate as at the date of posting. Changes in legislation, regulations, tribunal decisions and case law may impact the accuracy of the information beyond the date of the article. If you have any queries, please call Charlie on 0412 178 376 or Richard on 0478 473 404.
Can an owners corporation stop a resident from smoking in Victoria?
Can an owners corporation stop a resident from smoking in Victoria?
12.08.2025
In Victoria, an owners corporation (formerly known as a body corporate) cannot impose a blanket ban on residents smoking inside their own lots (private apartments or units), but there are important legal provisions regarding smoke drift and common property:
- Multi-level Developments: Since December 2021, a model rule (1.4) under Victorian Owners Corporation legislation states that “a lot owner or occupier in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance… does not penetrate to the common property or any other lot.” This means that if smoke from a resident’s lot drifts into common areas or a neighbour’s apartment, the owners corporation can require the resident to take steps to prevent it. This also generally applies to both tobacco and e-cigarette smoke.
- Common Property: Owners corporations can make rules that completely ban smoking in all common areas, such as courtyards, stairwells, hallways, and shared facilities. Residents can be prohibited from smoking in these spaces. (R1)
- Enforcement: If a resident’s smoking is affecting others (e.g., smoke is entering a neighbour’s lot or common property), a formal complaint can be lodged. The owners corporation may enforce the rules, and repeat breaches can potentially lead to civil penalties. (R2)
- Single-Level Developments: The power to regulate smoke drift is largely limited to multi-level buildings (apartments) and does not fully apply to single-level townhouses, though health and safety model rules may still be used if smoke causes a “hazard” to another lot. (R3)
In summary, an owners corporation in Victoria can stop a resident from smoking if it causes smoke to drift into common property or into someone else’s lot in a multi-level building, and can ban smoking in common areas. However, it generally cannot outright ban smoking inside private apartments or units, unless such smoking leads to smoke penetration affecting others.
Reference:
- https://mbcm.com.au/how-to-deal-with-smoking-neighbours
- https://tlfc.com.au/smokers-keep-your-smoke-out-of-my-space/
- https://newsroom.quit.org.au/news/new-owners-corporation-rules-help-people-suffering-smoke-penetration
Disclaimer:
The information contained in this article is accurate as at the date of posting. Changes in legislation, regulations, tribunal decisions and case law may impact the accuracy of the information beyond the date of the article. If you have any queries, please call Charlie on 0412 178 376 or Richard on 0478 473 404.
Can an owners corporation stop a resident from hanging washing on their balcony in Victoria?
Can an owners corporation stop a resident from hanging washing on their balcony in Victoria?
06.07.2025
Yes, an owners corporation (also known as a body corporate) can stop a resident from hanging washing on their balcony in Victoria, provided that there are specific by-laws or rules prohibiting this activity. In Victoria, owners corporations have the power to make and enforce rules regarding the use of private lots and common property, including what residents can and cannot do on balconies. (R1)
Typically, these by-laws are put in place to maintain the appearance and value of the building—many prohibit the hanging of washing if it is visible from outside the building or from common property. Hanging items over balcony railings is especially likely to be restricted, both for aesthetic reasons and due to potential safety concerns. However, some buildings may allow balcony drying if it is not visible from the street or common property, so it is important to check the specific rules that apply to your building. (R2)
If you disagree with a by-law, you have the right as an owner to propose a change to the rule at the next owners corporation meeting. Changing a by-law typically requires a vote by the owners, and you may need to gather support from other residents to amend it. (R3)
In summary:
- It is common for owners corporation by-laws in Victoria to prohibit or restrict hanging washing on balconies, especially if visible from outside.
- You should always check your building’s specific by-laws before hanging washing on your balcony.
- Owners corporations are entitled under Victorian law to make rules about these matters and enforce them.
Reference:
- https://stratacare.com.au/apartment-balconies-issues-and-responsibilities-for-strata-residents/
- https://picagroup.com.au/article/breaching-strata-by-laws-on-laundry-can-leave-you-high-and-dry/
- https://www.reddit.com/r/AusProperty/comments/1cby55z/strata_bylaws_no_hanging_clothes_on_balcony/
Disclaimer:
The information contained in this article is accurate as at the date of posting. Changes in legislation, regulations, tribunal decisions and case law may impact the accuracy of the information beyond the date of the article. If you have any queries, please call Charlie on 0412 178 376 or Richard on 0478 473 404.