108Owners corporation may make alternative rules

108 Owners corporation may make alternative rules (1) An owners corporation may, by special resolution, make alternative rules to modify the rules of the corporation. (2) In particular, the owners corporation of a retirement village may make alternative rules to make provision in relation to any of the following: (a) people other than residents or employees of the retirement village living in the village; (b) visitors, including overnight or short-stay guests; (c) the making of noise; (d) the parking of motor vehicles; (e) the disposal of garbage; (f) the keeping of pets; (g) gardening and landscaping; (h) the use and operation of services or facilities (including restrictions on their use); (i) security in the retirement village; (j) the external appearance of residents’ premises. (3) An alternative rule is not valid to the extent that it results in the rules— (a) being inconsistent with this Act or another territory law; or (b) being inconsistent with a building management statement that applies to the units plan; or (c) being incompatible with a human right under the Human Rights Act 2004, or otherwise being harsh, unconscionable or oppressive; or (d) giving a function to the corporation that is not incidental or ancillary to the exercise of its functions under this Act or under a building management statement; or (e) prohibiting or restricting any dealing (including devolution, transfer, lease or mortgage) with— (i) an interest in a unit; or (ii) the equitable estate of a unit owner in the common property; or (f) prohibiting or restricting the installation, operation or maintenance of sustainability infrastructure in or on the common property or a unit; or (g) unless the alternative rule is made by unanimous resolution— being inconsistent with an order of the ACAT requiring the owners corporation to make or repeal an alternative rule; or (h) prohibiting a unit owner from keeping an animal, or allowing an animal to be kept, within the unit or the common property in any circumstances. (4) An alternative rule is not invalid under subsection (3) (a) only because it requires a person who keeps an assistance animal to produce evidence that the animal is an assistance animal. Note A unit owner or occupier is not required to obtain the consent of the owners corporation to keep an animal that is an assistance animal within the unit or common property (see s 32 (1) (a)). (5) A special resolution under section 78 (General fund—contributions) or section 89 (Sinking fund—contributions) is taken to be an alternative rule of the owners corporation made under this section. (6) A regulation may prescribe requirements in relation to alternative rules.