The Articles of a Strata Corporation: Schedule 3 Explained

Every strata corporation runs on its Articles, its internal rules. Where those rules come from, and what they can and can't do, trips up a lot of owners. The starting point is Schedule 3 of the Strata Titles Act. Please note that the following article relates to South Australia only. Local rules and regulations will change the details of this matter.

What Schedule 3 is

Schedule 3 of the Strata Titles Act 1988 sets out the standard Articles of a strata corporation: the default set of rules that governs a corporation unless it has adopted its own variations. If your group has never changed its Articles, the Schedule 3 set is what applies.

What the Articles are

The Articles are the rules of the corporation, covering how units and common property are used and looked after. They are legally binding on:

• the corporation itself;

• all unit holders; and

• any occupier of a unit, such as a tenant, so far as the Articles affect the use of units or common property (Sections 19 and 20).

If you rent your unit out, you're required to take reasonable steps to ensure your tenant complies. A landlord who lets a tenant breach the Articles can be held responsible.

The Articles are not the Strata Plan

This is the distinction that catches people out. The Articles are the house rules. The Strata Plan, deposited at the Lands Titles Office, is the document that defines the units, the common property and the boundaries. The plan draws the lines; the Articles set the rules for living inside them. When someone asks "what defines my unit and the common property," the answer is the Strata Plan, not the Articles.

What the standard Articles cover

The Schedule 3 Articles deal with the everyday business of shared living. Among other things, a person bound by them must:

• keep their unit in a clean and tidy condition;

• not use the unit for any unlawful purpose;

• not keep an animal in or near a unit without the corporation's consent (assistance animals aside);

• not park on parts of the common property where parking isn't allowed, and not obstruct others;

• not damage or interfere with lawns, gardens or plantings on the common property;

• not display a sign, advertisement or similar material on the unit (visible from outside) or on the common property without the corporation's consent; and

• not cause nuisance or interfere with others' enjoyment of their units or the common property.

The standard Articles, together with the Act, also require the corporation to have a presiding officer, secretary and treasurer, appointed at a general meeting, and confirm that one person may hold two or more of those offices (Section 23).

Changing the Articles

A corporation can add to or alter its Articles, but the Articles can never override the Act: any obligation the Act imposes stands regardless of what the Articles say. Changes are made by special resolution and lodged with the Registrar-General, so they bind current and future owners. If you're not sure whether your group has varied its Articles, check with the Lands Titles Office for any amendments on record.

This is a practical reference, not legal advice.

Get in touch

If you'd like help reviewing your corporation's Articles or drafting a variation, get in touch. Acacia Collective manages strata and community title groups across South Australia. Call us on 1300 792 255 or email hello@acaciacollective.com.au.