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Strata By-laws and Rentals in South Australia: A Landlord's Guide

November 1, 2026
Strata By-laws and Rentals in South Australia: A Landlord's Guide

In South Australia, the rules a strata corporation sets for a building are called articles, not by-laws. They bind the corporation, the unit holders and the people who occupy the units, including your tenant. A corporation cannot stop you from leasing your unit. It can set rules on how the unit and common property are used, and you must take reasonable steps to make sure your tenant follows them.

This guide explains where those rules come from, what they can and cannot do to a rental, and how to put a strata unit into the rental market with the risk managed.

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TL;DR

  • South Australian strata corporations make rules called articles. Interstate terms such as "by-laws" are used in search, but the Strata Titles Act 1988 (SA) uses "articles".
  • Articles about the use of units and common property bind tenants, and the unit holder must take reasonable steps to make sure the tenant complies.
  • A corporation's articles cannot prevent or restrict you from leasing your unit.
  • Changes to articles only take effect once they are lodged with the Registrar-General.
  • Disputes about unfair articles go to the courts. A tenant who causes a nuisance can be the subject of a SACAT application.

Table of Contents

Articles, by-laws and why the terminology matters

Search results for this topic mix terms from several states. In New South Wales and the ACT, strata rules are called by-laws. In South Australia, the Legal Services Commission's law handbook describes the strata corporation's rules as articles. Schedule 3 of the Strata Titles Act sets out model articles, and a corporation can adopt, revoke or vary them.

This matters for landlords because interstate advice can be wrong here. A blog about short-term letting by-laws written for another state does not describe your rights in Adelaide. When you read a source, check that it refers to the Strata Titles Act 1988 (SA) and not another state's legislation.

There is also a second category to keep straight. South Australian property is held under Torrens title, strata title or community title. Community title schemes run under a different Act and can have different rules. If your property is in a community scheme, confirm which framework applies before you rely on anything in this article.

Where to find the articles that apply to your unit

The default articles are in Schedule 3 of the Strata Titles Act. The Legal Services Commission's strata booklet notes that these model articles include common rules on noise, parking and pets. Many corporations keep the model articles. Others vary them.

Marked parking bays in a strata apartment car park

A variation only counts once it is formal. Under the Act, a resolution to adopt, revoke or vary articles has no effect until the certified copy is lodged with the Registrar-General. So the current articles are the ones that are lodged, not the ones someone remembers being discussed at a meeting.

Before you advertise a unit, get the following from the corporation or its manager:

  • the current articles, including any variations
  • recent general meeting minutes
  • any rules on parking, visitor spaces, bins and storage
  • the contact for the corporation or its manager

If there is any doubt about which articles are in force, ask the corporation to confirm what is lodged at the Lands Titles Office.

What binds your tenant

Articles are not only a matter between owners. The Legal Services Commission's law handbook states that articles bind the corporation, unit holders and, in relation to the use of units or common property, occupiers of units. That includes tenants.

The Act also places a duty on you. Section 20(2) requires a unit holder to take reasonable steps to ensure their tenants comply with the articles, as explained in the Strata Titles legal guide. Visitors are covered too: anyone who enters the property is subject to the articles on use of common property, according to the Strata Titles Act.

In practice, "reasonable steps" looks like this:

  1. Give the tenant a copy of the articles before the tenancy starts.
  2. Point out the rules that affect daily life: noise, parking, pets, bins, common property use, and any rules on balconies or deliveries.
  3. Record that you provided them, and keep the record with the tenancy file.
  4. Respond promptly when the corporation or a neighbour raises a complaint.

The Residential Tenancies Act 1995 (SA) separately regulates the landlord and tenant relationship, including maintenance and repairs. It also requires landlords to keep a copy of the tenancy agreement for at least two years after the tenancy ends. Strata articles and tenancy law run side by side. One does not replace the other.

For wider duties, see our guide to landlord obligations in South Australia.

Can a corporation stop you from renting out your unit?

No. Section 19(4) of the Strata Titles Act says a corporation's articles cannot prevent or restrict a unit holder from leasing or granting rights of occupation. A University of Adelaide paper on home-sharing makes the same point: the legislation limits how far by-laws can regulate an owner's right to lease, and total bans are prohibited.

That has practical consequences for investors:

  • A rule saying "no tenants" is not enforceable against you.
  • A rule setting a minimum lease length, which some other states debate, does not have a basis in the South Australian strata Act. Check the Act itself and take legal advice before assuming one applies.
  • A corporation can still make rules about how the unit and common property are used. Those rules apply to owner-occupiers and tenants alike.

The line between a rule about use and a rule that restricts leasing is where most disagreements start. If a corporation proposes an article that seems to make renting harder in practice, get advice from a lawyer who works with strata matters. The Legal Services Commission also publishes free information on strata title.

Short-term letting

Short-term letting is a separate question from a standard residential tenancy. The Strata Titles Act contains no provision that lets a strata corporation restrict short-term letting. Restrictions are more commonly discussed for community title schemes, where different legislation applies, according to the Strata Titles Act and commentary from a strata industry source.

If your unit is under strata title, you should still consider:

  • whether your insurance covers short-term guests
  • whether council planning rules affect your use
  • how guests will affect neighbours and common property

This article is about long-term residential rentals, where tenant quality and a stable tenancy protect the asset.

Preparing a strata unit for tenants: a landlord's checklist

A strata unit rented well is a low-maintenance, steady asset. The problems tend to come from things that were not checked before the lease began. Work through this list.

  1. Obtain the current articles. Confirm they are the lodged versions.
  2. Read the use rules. Note anything on pets, parking, noise, balcony items, moving in and out, and common property.
  3. Decide your own position. If you allow pets or a particular use, check the articles first. A lease term that conflicts with the articles gives you a problem with both your tenant and the corporation.
  4. Brief the tenant in writing. Give them the relevant articles and keep proof.
  5. Clarify who looks after what. The corporation looks after common property. You are responsible for the inside of the unit, subject to the Act and the corporation's own arrangements. Agree who the tenant contacts for each type of problem.
  6. Screen thoroughly. A tenant in a shared building affects neighbours. Quality screening reduces the chance of complaints and breaches.
  7. Set up inspections and maintenance. Regular routine inspections identify issues before they become corporation complaints.

On the maintenance side, our guides on proactive maintenance scheduling and non-urgent repairs in SA set out how to keep a unit in good order without leaving it to chance.

Where strata responsibility ends and yours begins

Owners often assume the corporation handles everything because the building is strata. It does not. The corporation manages common property. You remain the landlord under the Residential Tenancies Act 1995 (SA), which covers maintenance, security and repairs for the rented premises. A tenant will contact you, not the corporation, when the unit has a problem.

This is especially important for older buildings. Before any works or renovation in an older unit, check your asbestos register requirements so you know your duties as an owner separate from what the corporation holds for common areas.

The same logic applies to compliance generally. Smoke alarms, safety checks and other tenancy obligations belong to the landlord of the unit. Our summary of Adelaide rental compliance requirements covers the main items.

Access is another point of friction. A corporation may need to enter for common property work, and you need to enter for inspections and repairs. Tenants have privacy rights, so each entry needs the correct notice. See our tenant privacy guide for SA landlords.

When a rule is breached or disputed

Enforcing the articles is one of the corporation's core functions. Section 25(c) of the Strata Titles Act lists it among the functions of a strata corporation. That means a complaint about your tenant's behaviour will usually arrive from the corporation or its manager, often addressed to you as the unit holder.

A sensible response sequence:

  1. Read the complaint and the article cited.
  2. Check the facts with the tenant, in writing.
  3. If the complaint is valid, remind the tenant of their obligations and record it.
  4. Reply to the corporation with the steps you have taken.
  5. If the problem continues, escalate under the tenancy agreement and the Residential Tenancies Act.

If an article itself is the problem, there is a legal avenue. Section 19A allows the Magistrates Court or District Court to strike out articles that unfairly discriminate against a unit holder or reduce the value of a unit. The Legal Services Commission also notes that articles must not conflict with the Act or other state laws.

Serious tenant conduct and SACAT

On the tenancy side, the Legal Services Commission notes that if a tenant causes a nuisance or uses the unit for illegal purposes, an affected person can apply to the South Australian Civil and Administrative Tribunal (SACAT) to terminate the tenancy. This is a last step, not a first one. Most problems resolve with clear communication and documented warnings, which is why strong tenant communication matters. Our guide to tenant communication standards for SA landlords covers how to keep that record.

Our perspective

Strata units are a sound entry point for Adelaide investors, and they suit owners who want a lower-maintenance asset. They also add a third party to the relationship: the corporation. Landlords who treat the articles as part of the tenancy, not an afterthought, avoid most of the disputes we see.

We focus exclusively on property management, not sales. That focus means our attention stays on how a property performs once a tenant is in it. For strata units, we think the work starts before the lease: confirming the articles, briefing the tenant, and choosing a tenant who suits a shared building. Our four-layer tenant screening system is designed for exactly that decision.

After the tenancy starts, the owner portal gives you 24/7 visibility of inspections, maintenance and reporting. If a complaint reaches the corporation, you have the records to respond quickly. Our 60-day satisfaction guarantee, with a refund of the management fee, reflects our confidence that this approach protects your asset.

HOSO

Let HOSO manage the strata side for you

If you own a strata unit in Adelaide and want the articles, tenant screening, inspections and maintenance handled in one place, see our property management services. If you are deciding whether to lease, a rental appraisal is the first step.

If you are comparing options, our checklist for delegating landlord responsibilities in South Australia explains what can be handed over and what stays with the owner.

FAQ

Are they called by-laws or articles in South Australia?

In South Australia, strata corporation rules are called articles under the Strata Titles Act 1988. The term "by-laws" is used in other states and in community title schemes. When you search, you will see both terms, so check that the source refers to South Australian law.

Can a strata corporation ban tenants?

No. Section 19(4) of the Strata Titles Act provides that articles cannot prevent or restrict a unit holder from leasing the unit. The corporation can still make rules about how units and common property are used, and those rules apply to your tenant.

Do strata articles apply to my tenant?

Yes, for the use of units and common property. You must take reasonable steps to make sure your tenant complies. Give them a copy of the articles before they move in and keep a record that you did.

What can I do if I think an article is unfair?

Section 19A allows the Magistrates Court or District Court to strike out articles that unfairly discriminate against a unit holder or reduce the value of a unit. Speak to a lawyer experienced in strata matters, or start with the free information from the Legal Services Commission of South Australia.

Can a tenant be removed for breaching the articles?

A tenant who causes a nuisance or uses the unit for illegal purposes can be the subject of an application to SACAT to terminate the tenancy. Ordinary breaches are usually dealt with first by written notice and a documented response under the tenancy agreement.

Sources