South Australia Strata and Body Corporate Rules for Rental Properties

How Strata Rules Affect SA Rental Properties

If you're renting out a unit in a strata scheme in South Australia, you're dealing with two separate legal frameworks at the same time: the Residential Tenancies Act 1995 governs the tenancy, and the Strata Titles Act 1988 (or the Community Titles Act 1996 for community title schemes) governs the building.

Both sets of rules apply. A strata by-law doesn't override the Residential Tenancies Act, and the RTA doesn't exempt you from your obligations under the strata scheme. When they conflict, you're caught in the middle — liable to the tenant under tenancy law and to the body corporate under strata law.

What the Body Corporate Controls

The corporation manages the common property identified by the relevant plan. Responsibility for buildings differs by title type: in a community strata scheme, buildings are common property and the corporation maintains and insures them; in a community scheme, the lot owner maintains and insures buildings on the lot, while the corporation insures structures in common areas. By-laws can regulate:

• Noise and nuisance — quiet hours, restrictions on musical instruments, limits on gatherings
• Parking — allocated spaces, visitor parking rules, restrictions on commercial vehicles
• Pets — tenants need approval to keep a pet, but a landlord cannot impose a blanket ban unless pets are specifically prohibited by applicable strata or community title rules
• Renovations and modifications — any change that affects common property or the external appearance of a lot typically requires body corporate approval
• Short-term letting — some schemes restrict or prohibit Airbnb-style short stays, though long-term residential tenancies are generally permitted

Your Obligations as a Strata Landlord

Inform the corporation. Check the scheme's rules for any requirement to notify the corporation when you lease the unit or provide tenant contact details.

Pass relevant by-laws to the tenant. Your tenant needs to know the building rules. Include a copy of the by-laws with the tenancy agreement, or at minimum, a summary of the rules that affect daily living (noise, parking, pets, waste disposal). If a tenant breaches a by-law, the body corporate may fine them directly or take action against you as the lot owner.

Maintenance boundaries. Responsibilities depend on the title type and plan: the corporation maintains common property, while a community-scheme lot owner maintains buildings on the lot. Check the plan and by-laws before deciding who is responsible for a wall, roof, pipe or fixture. Under Section 68 of the RTA, you must maintain the rented premises in a reasonable state of repair. If a common property issue (a roof leak, a failed common pipe) affects your tenant's unit, report it to the corporation immediately and keep the tenant informed.

Levies. Strata levies are the lot owner's responsibility, not the tenant's. For tax, payments to an administration fund are generally deductible when incurred. Contributions to a special-purpose fund for capital work are not immediately deductible; a capital works deduction may be available once the work is complete.

Where Strata and Tenancy Law Collide

Pet restrictions. A tenant can apply for pet approval under the RTA. A strata or community title rule that specifically prohibits pets is an exception to the landlord's usual duty not to unreasonably refuse consent. Check the by-laws before responding to a pet application.

Modifications. A tenant wants to install a wall-mounted TV bracket. Under the tenancy agreement, they need your written consent. If the bracket penetrates a structural wall or affects the external appearance, you also need body corporate approval. Both consents are needed.

Common property repairs. Your tenant reports water damage from a roof leak. The roof is common property — the body corporate is responsible for the repair. But under Section 68, you're responsible for maintaining the tenant's premises in a reasonable state of repair. If the body corporate is slow to act, the tenant's complaint is directed at you. Document every report to the body corporate and every response, so you can demonstrate diligence if the matter reaches SACAT.

Insurance overlap. In community strata schemes, the corporation insures the buildings that form common property. In community schemes, lot owners insure buildings on their lots and the corporation insures buildings or structures in common areas. Consider landlord insurance for contents, liability and loss of rent, and check how fixtures are treated under the plan and policies.

Practical Steps

1. Read your strata scheme's by-laws before leasing the unit — not after a dispute arises
2. Provide the tenant with a copy of relevant by-laws at the start of the tenancy
3. Notify the body corporate of the tenancy and provide tenant contact details
4. Clarify maintenance boundaries: what you fix vs what the body corporate fixes
5. Check pet and modification rules before granting tenant consent
6. Keep copies of all correspondence with the body corporate about repairs and maintenance

The SA Rental Minimum Standards Guide covers the minimum housing standards every SA rental must meet — including strata units. The standards under the Housing Improvement Regulations 2017 apply to your lot regardless of what the body corporate maintains on common property.

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