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When considering covenants developers and bodies corporate should have a lawyer look carefully at the sustainable housing provisions introduced by the Building and Other Legislation Amendment Act 2009 ("BOLA"). Many common restraints (such as the ability to instal improvements on your house like photovoltaic cells and solar hot water systems) have been done away with by BOLA. Legal advice should be obtained before taking enforcement proceedings and before drafting new covenants.

Covenants may be established through the community management system. These covenants can regulate the built form and the landscape within each of the private residences.

This covenant management system can be designed to be –

  • Fully or partially independent of the involvement of the developer.
  • Fully or partially financially self-sufficient.
  • Tied to the land, and effective on the owners in perpetuity.
  • Flexible for changes in technology and fashions.

When enforcing convenants it is not the developer taking the action but rather the Body Corporate with the backing of the legislation it is governed under.

 

 

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Last edited by Joe Welch - Hickey Lawyers
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