OWNERS CORPORATIONS ACT 2006 (NO 69 OF 2006)

Victorian Numbered Acts

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OWNERS CORPORATIONS ACT 2006 (NO 69 OF 2006)

TABLE OF PROVISIONS

PART 1--INTRODUCTORY

1. Purposes
2. Commencement
3. Definitions

PART 2--FUNCTIONS AND POWERS OF OWNERS CORPORATION

Division 1--Functions and Powers of Owners Corporation

4. Functions of owners corporation
5. Owners corporation must act in good faith
6. Powers of owners corporation
7. Owners corporations for 2-lot subdivisions
8. Owners corporations that are limited to common property
9. Power to employ or engage persons
10. Power to execute documents etc.
11. Power to delegate

Division 2--Powers Relating to Services

12. Provision of services to members and occupiers
13. Owners corporation not to carry on business

Division 3--Powers Relating to Property

14. Leasing or licensing of the common property
15. Power to obtain lease or licence over land
16. Power to acquire and dispose of personal property
17. Owners corporation must not mortgage or charge common property

Division 4--Power to Bring Legal Proceedings

18. Power to bring legal proceedings

Division 5--The Common Seal

19. The common seal
20. When can the common seal be used?
21. Who must witness the use of the common seal?
22. Judicial notice of use of common seal

PART 3--FINANCIAL MANAGEMENT

Division 1--Financial Powers

23. Owners corporation may levy fees
24. Extraordinary fees
25. Power to borrow money
26. Power to invest
27. Bank account
28. Liability of lot owners
29. Penalty interest on arrears
30. Recovery of money owed
31. Fee notice
32. Final notice

Division 2--Accounts and Audit

33. Financial records
34. Financial statements
35. Audit of accounts of owners corporations

Division 3--Maintenance Plan

36. Maintenance plan
37. What must a maintenance plan contain?
38. When does a maintenance plan have effect?
39. Report on approved maintenance plan

Division 4--Maintenance Fund

40. Establishment of maintenance fund
41. What is the maintenance fund for?
42. Payments into maintenance fund
43. Payments from maintenance fund
44. Extraordinary payments from maintenance fund
45. Extraordinary payments for urgent matters

Division 5--Asset Management

46. Owners corporation to repair and maintain common property
47. Owners corporation must repair and maintain services
48. Lots not properly maintained
49. Cost of repairs, maintenance or other work
50. When can an owners corporation authorise a person to enter a lot?
51. What notice of entry must be given?
52. Significant alteration to common property requires special resolution
53. Upgrading of common property

Division 6--Insurance

54. What is an insurable building?
55. Members may take out insurance
56. Owners corporation has insurable interest
57. Amount payable under owners corporation insurance
58. Insurance if lot mortgaged
59. Reinstatement and replacement insurance
60. Public liability insurance
61. Insurance for lots in multi-level developments
62. Owners corporation may have additional insurance
63. Insurance not required where there is no common property
64. Insurance not required where another owners corporation has insured
65. Valuation of buildings

PART 4--MEETINGS AND DECISIONS OF OWNERS CORPORATION

Division 1--First Meeting of Owners Corporation

66. When must the first meeting be held?
67. What documents must be provided at the first meeting?
68. Obligations of initial owner

Division 2--Annual General Meeting

69. Annual general meeting
70. Who may convene annual general meetings?
71. Agenda for annual general meeting
72. Notice of annual general meetings

Division 3--Special General Meetings

73. What is a special general meeting?
74. Who can convene a special general meeting?
75. Agenda for special general meeting
76. Notice of special general meetings

Division 4--Procedure at General Meetings

77. Quorum for a general meeting
78. Can a general meeting proceed even without a quorum?
79. Who chairs the general meeting?
80. Procedure at meeting
81. Minutes of meetings
82. Owners corporation may require certain matters to be dealt with at general meetings

Division 5--Ballots

83. Who can arrange a ballot?
84. How can a ballot be conducted?
85. Notice of ballot
86. Resolution by ballot
87. Proxies
88. Voting under power of attorney
89. Person not to require a lot owner to give a power of attorney or proxy
90. Resolutions by meeting or ballot
91. One vote for each lot
92. Voting at a meeting
93. Does the chairperson have a casting vote?
94. Can a lot owner vote if fees are unpaid?
95. What is a unanimous resolution?
96. What is a special resolution?
97. Interim special resolutions

Division 8--Office-holders

98. Chairperson of owners corporation
99. Secretary

PART 5--COMMITTEES

100. Election of committee
101. Functions and powers of committee
102. Delegation by committee
103. Membership of committees
104. Casual vacancies on a committee
105. Chairperson of committee
106. Acting chairperson
107. Secretary of committee
108. How can a meeting of a committee be called?
109. Notice of meetings
110. Co-opted members
111. Ballots
112. Proceedings of committee
113. Resolutions of committee to be resolutions of owners corporation
114. Minutes
115. Committee to report
116. Sub-committees
117. Duties of committees and sub-committees
118. Immunity of committee members

PART 6--MANAGERS

119. Appointment and removal of manager
120. Functions of manager where there is a committee
121. Functions of manager where there is no committee
122. Duties of manager
123. Immunity of volunteer manager
124. Delegation
125. VCAT may appoint manager
126. Report
127. Manager to return records

PART 7--DUTIES AND RIGHTS OF LOT OWNERS AND OCCUPIERS

128. Compliance with laws
129. Care of lots
130. Care of common property
131. Overhanging eaves
132. Right to decorate interior walls, floors and ceilings
133. Notice of planning and building applications and plans of subdivision
134. Address of new owners
135. Address of absent owners
136. Advice to occupiers
137. Duties of occupiers of lots

PART 8--RULES OF THE OWNERS CORPORATION

138. Power to make rules
139. Model rules
140. Rules to be of no effect if inconsistent with law
141. Who is bound by the rules?
142. Recording of rules
143. Rules to be given to lot owners

PART 9--RECORDS

Division 1--Keeping of Records

144. Keeping of records
145. How long must records be kept?
146. Availability of records

Division 2--Owners Corporation Register

147. Owners corporation register
148. What must be kept on the owners corporation register?
149. In what form must the register be kept?
150. Availability of register

Division 3--Owners Corporation Certificate

151. Owners corporation certificate

PART 10--DISPUTE RESOLUTION

Division 1--Complaints and Procedures

152. Complaints
153. Decision whether to take action in respect of alleged breach
154. Notice of decision not to take action
155. Notice to rectify breach
156. What if the person does not rectify the breach?
157. Final notice
158. How may notice be given?
159. Report to annual general meeting

Division 2--Powers of Director

160. Making a complaint
161. Conciliation and mediation

PART 11--APPLICATIONS TO VCAT

Division 1--Owners Corporation Disputes

162. VCAT may hear and determine disputes
163. Who may apply to VCAT in relation to a dispute?
164. VCAT may dismiss application
165. What orders can VCAT make?
166. Penalty for breach of rules
167. What must VCAT consider?
168. Monetary orders
169. Notice to Business Licensing Authority

Division 2--Exemption Orders

170. Owners corporation may apply to VCAT for exemption
171. VCAT may make exemption order

Division 3--Restriction of Access to Records

172. Application to VCAT to restrict access to information

Division 4--Appointment of Administrator

173. Application for appointment of administrator
174. Appointment of administrator
175. Remuneration of administrator
176. Powers and responsibilities of administrator
177. Administrator to act in good faith

PART 12--REGISTRATION OF MANAGERS

Division 1--Managers to be Registered

178. Offence to act as manager without being registered
179. Eligibility for registration
180. Application for registration
181. Further information
182. Registration
183. Annual registration fee and statement
184. Extension of time
185. Failure to lodge annual statement
186. Automatic cancellation of registration
187. Death, disability etc. of registered manager
188. If details given in application or annual statement change
189. Offence to supply false or misleading information
190. Cancellation of registration if false information is given
191. Application for review

Division 2--Register of Managers

192. Register of managers
193. Purposes of register of managers
194. What must the register of managers contain?
195. Inspection of register of managers
196. Removal of information from register of managers
197. Duty of Licensing Registrar

Division 3--General

198. Provision of information for the purposes of this Act
199. Application of Fair Trading Act 1999

PART 13--GENERAL

200. Approved forms
201. Money to be paid to Victorian Property Fund
202. Certain provisions of contracts void
203. Who may bring proceedings for offences?
204. Regulation-making powers
205. Transitional provisions

PART 14--AMENDMENT OF SUBDIVISION ACT 1988

206. Definitions
207. Application of Act
208. Council role
209. Easements and other rights
210. Registration of plan
211. New Part 5 substituted
212. References to body corporate
213. Repeal of section 38
214. Other disputes arising under Subdivision Act 1988
215. Regulations
216. New sections 47 and 48 inserted
--Divisions 1 and 2 of Part 5

Division 6--of Part 5

Division 3--of Part 5

Division 4--of Part 5

PART 15--AMENDMENT OF SALE OF LAND ACT 1962

217. New section 9AAA substituted
218. New section 11 substituted
219. Section 32 certificate

PART 16--AMENDMENT OF OTHER ACTS

220. Amendment of Business Licensing Authority Act 1998
221. Amendment of Domestic Building Contracts Act 1995
222. Amendment of Limitation of Actions Act 1958
223. Amendment of Victorian Civil and Administrative Tribunal Act 1998
224. Amendment of Other Acts
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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