Community statutes can never replace or override the Horizontal Property Act, which always takes precedent. Indeed the Act clearly states that any Community rules which do, are null and void – not worth the paper they are written on (Final Provision). Communities are not obliged to have their own set of statutes; they are simply there to augment the pre-existing provisions of the Act.

In general the rules laid out in Community statutes are sensible and have evolved over time to meet the needs of the Community. They tend to cover issues such as the colour houses may be painted, whether satellite aerials can be fixed to properties,(s7.1 HPA). if owners can run a business from their homes and so on.(s7.2HPA) For example if an owner were thinking of making any alterations to their property, the President would be the first port of call. If the Community disagrees with what is intended; this local objection makes further progress with such plans much more difficult.

Those buying property in the Community, by doing so automatically agree to be bound by the Community statutes.

When an owner feels something is fundamentally wrong with the operation of their community due to these rules, or just want to make a change, it can sometimes be an uphill struggle to rectify things. This does not mean these rules cannot change, if an owner objects to a particular statute or feels one should be introduced, there is scope for this provided a sufficient number of owners agree.

In the absence of the President's approval, you need the agreement of 25% (the minimum) of the votes and quota of the complex to call an Extra-ordinary General Meeting (EGM) to make your proposed changes (s16.1HPA).The Administrator should then be informed of your intentions and call an EGM. An invitation will be sent to all owners to attend. At the EGM you can discuss your proposals and then a vote is taken on the changes. A unanimous vote of those attending, including proxy votes, is needed to change the statutes(s.17.1 HPA). If adopted the new or changed rules must be registered with the official Registrar for it to be legal and binding. All owners should then be informed of the new statute.

Interior Rules
In addition to the Horizontal Property Act and Community statutes and third tier of rules can exist. These interior rules are more flexible as they can be introduced and changed by a simple majority decision at the AGM.