Property Investment

4 min read11 Nov 2026

The ultimate guide to Residents Society Constitutions

Buying a townhouse in NZ? Learn how residents’ society constitutions work, who sets the rules, how owners can change them and what to check before buying.

OM 7844 Can you change the rules when buying a townhouse

Author: Scott Collings

Qualified builder. 6 years’ experience building + 6 years project managing residential developments.

Reviewed by: Brittany White

Licensee (Eligible Officer) and Team Leader for Opes Property

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When you buy a townhouse in a new development you also agree to follow a set of rules.

These might cover where you park your car, what colour you paint your fence, or changes you can make to your home.

These are often referred to as the Residents Society Constitution.

But what if you don’t like those rules? Can you change them? And, who sets them?

In this article you’ll learn how residents’ societies create their constitutions. You’ll also learn why they exist and what options you have if you don’t agree with the rules.

Top takeaways

Residents’ society rules can limit what you do with your townhouse. You may be able to change them later, but don't buy a property assuming you can.

Who makes the rules in a townhouse development?

When a developer builds a new set of townhouses they and their lawyer usually create the constitution before the homes are built.

These rules help keep the development looking good and protect shared spaces. They make sure owners look after their properties.

They also help the developer finish building.

That’s because townhouses are often built in stages; some people may already be living there while other homes are still being built.

The developer needs to make decisions about things like shared driveways without owners holding up the work.

There are two common ways these rules are set up:

	Residents’ society	Residents’ association
Where are the rules written?	In a document called a constitution	In legal rules called land covenants
Can they change later?	Yes, if enough owners vote for a change	Sometimes, depending on the rules

More from Opes:

What rules might I have to follow?

Here are some common examples:

Rule	What it means
Parking	You may not be allowed to park in your driveway
Fences	You may need permission to change the colour
Home changes	You may need permission to build a deck or change the outside of your home
Washing	You may not be allowed to hang washing over your balcony
Rubbish	You may not be allowed to leave old furniture in shared rubbish areas
Noise	You may need to keep noise down at certain times

If you buy a property using the Opes Wealth Pathway, you’ll get the proposed rules before you invest.

That means you can check them with your lawyer before you agree to buy the property.

Key takeaways

Developers usually set the rules for a residents’ association before buyers move in.
You can ask for changes, but the developer may say ‘no’.
Owners may be able to change the rules later.
Always check the rules with your lawyer before buying.

Can I ask the developer to change the rules?

You can ask the developer to change rules you don’t agree with before buying. But, according to Danli Ge, Managing Director of Care Body Corporate Ltd, they are unlikely to agree.

That’s because the rules apply to the whole development, not just one buyer.

So let’s say some buyers have already bought properties in a development. You ask the developer to change the rules. The developer then has to get permission from the other buyers.

Changing them could also mean extra costs or delays, especially if the council has already approved the plans.

Some developers also have extra voting power while they’re still building.

This means they can make certain decisions without owners stopping them, although that extra power doesn’t necessarily last forever.

When can owners change the rules?

Owners can often change the rules once the developer has finished building and given up any extra rights.

But how you change the rules depends on how the development is set up.

	Residents’ society	Residents’ association
Can owners change the rules?	Yes, through a vote	Sometimes
What does it take?	Often 75% of votes cast must agree	Depends on land covenants

For residents’ societies, Danli says most constitutions she’s worked with need 75% of votes cast to agree to a change.

That doesn’t mean 75% of all owners.

For example:

Example	Number
Total owners	100
Owners at the meeting	40
Votes needed to approve a change	30

If all 40 owners vote only 30 need to agree.

This assumes enough owners attend for the meeting to count. Any change must also follow the society’s rules and the law.

So, while you may be able to change the rules later, there’s no guarantee enough owners will agree.

What happens if I break the rules?

If you decide to take the law into your own hands and break the rules anyway … you may be asked to fix the problem or face a fine.

For example, if you paint your fence bright pink without permission, you might have to repaint it.

Danli has seen a document that threatened fines of up to $1,000 a day for an ongoing problem.

But that doesn’t mean the fine can automatically be charged; it must be allowed under the law.

Although management companies often try to sort out problems with owners before taking further action.

What should I check before buying a townhouse?

Ask your lawyer to check these six things:

What to check	What to ask
Parking	Can I park in my driveway?
Changes to your home	Can I paint my fence or build a deck?
Shared costs	How much will I need to pay?
Developer control	When does the developer give up extra rights?
Breaking the rules	What happens if I don’t follow them?
Changing the rules	Can I change the rules later?

Your lawyer can also ask the developer about rules you don’t agree with,

but they can’t simply change them for you.

Should I still buy a townhouse if I don’t like the rules?

Rules aren’t always a bad thing. While they might stop you painting your fence pink … they also stop your neighbour painting theirs yellow.

So, these rules can help keep a development tidy and shared spaces looked after.

But they can also limit what you do with your home.

And while you might be able to change some rules later, you’ll usually need other owners to agree.

So, ask yourself whether you’re happy to live with the rules as they are.

And don’t buy a property assuming you can change the rules later.

Scott Collings

Qualified builder. 6 years’ experience building + 6 years project managing residential developments.

Scott has a background in construction. He progressed from a qualified builder to roles in project, construction, and finally development management. He brings this experience to his role as Opes' Property Development Liaison Manager, making sure investors can access high-quality properties.

Ok, now for the legal bit:

This article is for your general information. It’s not financial advice. See here for details about our Financial Advice Provider Disclosure. So Opes isn’t telling you what to do with your own money.

We’ve made every effort to make sure the information is accurate. But we occasionally get the odd fact wrong. Make sure you do your own research or talk to a financial adviser before making any investment decisions.

You might like to use us or another financial adviser

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