OWNERS CORPORATIONS ACT 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 The five tiers of owners corporations
- 7A Owners corporation for 2-lot subdivision (tier five owners corporations)
- 8 Services only owners corporation (tier five owners corporations)
- 9 Power to employ or engage persons
- 10 Execution of documents by owners corporation
- 11 Management of owners corporation and 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
- 17A Water on common property
Division 4--Power to commence legal proceeding
- 18 Power to commence legal proceeding
Division 5--The common seal
- 18A Owners corporation not required to have or use 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 annual fees
- 23A Owners corporation may levy fees in relation to insurance
- 24 Extraordinary fees and charges
- 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 financial statements of owners corporations
- 35A Exemption from requirement to audit financial statements
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
- 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
- 47A Lot owners must not repair, alter or maintain common property or services
- 48 Lots not properly maintained
- 49 Cost of repairs, maintenance or other works
- 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 5A--Disposal of goods abandoned on common property
- 53A Owners corporation may dispose of goods abandoned on common property
- 53B Notice of intention to dispose of goods abandoned on common property
- 53C Removal of goods to safe place
- 53D Disposal of goods
- 53E Owners corporation not liable in relation to disposed goods
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
- 61A Insurance for multiple single dwellings on a plan of subdivision
- 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?
- 67A What must be disclosed at the first meeting?
- 67B Contract entered into by applicant for registration of the plan of subdivision prior to first meeting
- 67C Minutes of first meetings
- 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
Division 6--Voting
- 87 One vote for each lot
- 88 Voting on a resolution of the owners corporation by ballot
- 89 Voting on a resolution of the owners corporation at a meeting
- 89A Does the chairperson have a casting vote?
- 89B Can a lot owner vote if fees are unpaid?
- 89C Proxies
- 89D Restriction on number of lot owners on behalf of whom a proxy may vote on a resolution
- 89E Revocation of a proxy
- 89F Voting under power of attorney
- 89G Person must not require or demand that a lot owner give authorisation to vote under power of attorney or proxy
- 89H Term of contract of sale limiting voting rights void
Division 7--Decisions of owners corporation
- 90 Resolutions by meeting or ballot
- 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 members of committees and sub‑committees
- 118 Immunity of committee members
PART 6--MANAGERS
- 119 Appointment and removal of manager
- 119A Contract of appointment of manager
- 120 Functions of manager where there is a committee
- 121 Functions of the manager where there is no committee
- 122 Duties of manager
- 122A Manager must disclose beneficial relationship with supplier
- 122B Manager must disclose commission, payment or other benefit
- 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
- 138A Power to make rules regarding proxies
- 138B Power to make rules regarding external alterations and other works affecting lot owners
- 139 Model rules
- 140 Rules to be of no effect if inconsistent with law
- 141 Who is bound by the rules?
- 141A Occupier to ensure guests comply with rules
- 142 Recording of rules
- 143 Rules to be given to lot owners
PART 8A--RETIREMENT VILLAGES
- 143A Application
- 143B Fees
- 143C Maintenance fees
- 143D Obligation of initial owner of retirement village land
- 143E Appointment of the manager of an owners corporation
- 143F Rules of owners corporation of retirement villages
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
Division 1--of Part 3 applies to recovery of fees and other amounts.
- 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 1A--Complaints and procedures--short-stay accommodation arrangements
- 159A Complaints—short-stay accommodation arrangements
- 159B Decision whether to take action in respect of alleged breach by a short-stay occupant
- 159C Notice of decision not to take action—short-stay accommodation arrangement complaint
- 159D Notice to rectify breach—short-stay accommodation arrangement complaint
- 159E What if the person does not rectify the breach?
- 159F 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 1A--Short-stay accommodation disputes
- 169A VCAT may hear and determine short-stay accommodation disputes
- 169B Who may apply to VCAT in relation to a short-stay accommodation dispute?
- 169C What orders can VCAT make?
- 169D Prohibition order
- 169E Loss of amenity compensation order
- 169F What must VCAT consider?
- 169G Civil penalty for breach by short-stay occupant
- 169H Joint and several liability of short-stay provider and short-stay occupant
Division 1B--Proceedings commenced, prosecuted, defended or discontinued by lot owner on behalf of owners corporation
- 169I Lot owner may apply to VCAT to commence, prosecute, defend or discontinue any proceeding on behalf of owners corporation
- 169J VCAT may make order authorising lot owner to commence, prosecute, defend or discontinue proceeding
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
- 182A Permission to be registered as manager despite criminal record
- 183 Annual registration fee and statement
- 184 Extension of time
- 185 Failure to lodge annual statement
- 185A Professional indemnity insurance
- 186 Automatic cancellation of registration
- 186A Permission to continue to be registered as manager despite criminal record
- 186B Conditions on permission
- 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
PART 13--GENERAL
- 199 Application of Australian Consumer Law and Fair Trading Act 2012
- 200 Approved forms
- 200A Manner in which documents may be given to or served on owners corporation
- 201 Money to be paid to Victorian Property Fund
- 202 Certain provisions of contracts void
- 203 Who may commence a proceeding for offences?
- 203A Infringement notices
- 204 Regulation-making powers
- 205 Transitional and savings provisions
PART 14--TRANSITIONAL AND SAVINGS PROVISIONS--OWNERS CORPORATIONS AND OTHER ACTS AMENDMENT ACT 2021
- 206 Definitions
- 207 Requirement to have maintenance plan
- 208 Term of contract of appointment void
- 209 Financial statements
- 210 Review of amendments made by 2021 Act