Victorian Repealed Regulations

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This legislation has been repealed.

SUBDIVISION (BODY CORPORATE) REGULATIONS 2001 

S.R. No. 28/2001
Version incorporating amendments as at 9 April 2002

TABLE OF PROVISIONS

           Regulation Page

   PART 1-PRELIMINARY

   101.    Objectives
   102.    Authorising provisions
   103.    Commencement
   104.    Definitions

   PART 2-FUNCTIONS AND POWERS OF BODIES CORPORATE

           Division 1-General Functions and Powers

   201.    Functions of bodies corporate
   202.    Powers of bodies corporate

           Division 2-Financial Provisions

   203.    Accounts and financial statements
   204.    Recovery of amounts owed to the body corporate
   205.    Charging of interest

           Division 3-Use of and Repairs, Maintenance and Other Works on Property

   206.    Use of common property
   207.    Repairs and maintenance of common property
   208.    Repairs and maintenance of lots
   209.    Cost of repairs, maintenance or other work
   210.    When can the body corporate authorise a person to enter a lot?
   211.    What notice must be given?

           Division 4-Insurance

   212.    When is insurance compulsory and what must be insured?
   213.    Body corporate must have public liability insurance
   214.    Body corporate must have reinstatement and replacement insurance
   215.    Body corporate may have additional insurance
   216.    Insurance not required where there is no common property
   217.    Insurance not required where another body corporate has insured

           Division 5-Lease or Licenses

   218.    Leasing or licensing of the common property

           Division 6-Rules of the Body Corporate

   219.    Application of standard rules
   220.    Making rules

           Division 7-Body Corporate Certificates

   221.    Body corporate certificate
   222.    Fee for certificate

           Division 8-Provision of Services

   223.    Services to members and occupiers

           Division 9-General

   224.    Limitations on a body corporate

   PART 3-OPERATION OF BODIES CORPORATE

           Division 1-Secretary, Manager and Other Officers

   301.    Appointment of secretary
   302.    Appointment of manager
   303.    Payment of manager
   304.    Removal of manager

           Division 2-Committee

   305.    Election of committee
   306.    Membership of committees
   307.    Casual vacancies on a committee
   308.    Chairpersons of committees
   309.    Proceedings of committees

           Division 3-Delegation

   310.    Delegation

           Division 4-Miscellaneous matters

   311.    Common seal
   312.    What records must a body corporate keep?
   313.    Availability of documents and records
   314.    Letterbox or other indication of body corporate
   315.    Body corporate to notify Registrar of change of address for service

   PART 4-MEETINGS OF BODIES CORPORATE

   401.    First meeting of a body corporate
   402.    Annual general meeting
   403.    Who may convene annual general meetings?
   404.    Can additional general meetings be convened?
   405.    How is notice given for a general meeting?
   406.    Proxies
   407.    Decisions by meeting or postal ballot
   408.    Postal ballots
   409.    Quorum for a meeting
   410.    Can a meeting proceed even without a quorum?
   411.    Who chairs the meeting?
   412.    Are votes related to the value of the lots?
   413.    Does the chairperson have a casting vote?
   414.    Can a member vote if fees are unpaid to the body corporate?
   415.    Minutes of meetings

   PART 5-DUTIES AND RIGHTS OF MEMBERS

   501.    Care of lots
   502.    Care of common property
   503.    Overhanging eaves
   504.    Right to decorate interior walls, floors and ceilings
   505.    Address of new owners
   506.    Address of absent owners
   507.    Advice to occupiers
   508.    Compliance with rules and Regulations

   PART 6-MISCELLANEOUS PROVISIONS

   601.    Notice of intention to wind up a body corporate-Section 31(4)
   602.    Application to Registrar after Court Order-Section 31(6)
   603.    Form of application to alter lot entitlement and liability-
           Section 33(1)
   604.    Registrar to record information-Section 27(5)

   PART 7-SAVINGS PROVISIONS FOR STRATA AND
   CLUSTER PLANS

   701.    Definitions
   702.    Location of boundaries on strata plans
   703.    Form of application to remove restrictions-Section 44(5)
   704.    Form of application to alter or cancel a scheme of development
   705.    Bodies corporate created on or after 30 October 1989.

   PART 8-FURTHER TRANSITIONAL PROVISIONS

   801.    Definition
   802.    Saving of existing rules
   803.    Saving of secretary
   804.    Saving of managers
   805.    Saving of existing delegations
           __________________
           SCHEDULE
           FORM 1-Standard Rules
           FORM 2-Notification of Making, Amendment or Revocation of Rules
           FORM 3-Body Corporate Certificate
           FORM 4-Appointment of Manager
           FORM 5-Change of Address
           FORM 6-Body Corporate Plan No. Proxy Form
           FORM 7-Notice of Application to Wind Up Body Corporate
           FORM 8-Application to Cancel or Amend Plan
           FORM 9-Application for Alteration of Lot Entitlement and Liability
           FORM 10-Application for Removal of Restriction
           FORM 11-Application by Body Corporate for Alteration or Cancellation of Scheme of Development
           FORM 12-Application by Registered Proprietor for Alteration or Cancellation of Scheme of Development
           ---------------
           ENDNOTES
   1.      General Information
   2.      Table of Amendments
   3.      Explanatory Details

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