Victorian Current Acts

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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.      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.     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  

           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 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 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  

           Division 6--Proxies and powers of attorney

   87.     Proxies  
   88.     Voting under power of attorney  
   89.     Person not to require a lot owner to give a power of attorney or proxy  

           Division 7--Decisions of owners corporation

   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 the 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  
   138A.   Power to make rules regarding proxies  
   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 Australian Consumer Law and Fair Trading Act 2012  

   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?  
   203A.   Infringement notices  
   204.    Regulation-making powers  
   205.    Transitional and savings provisions  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES


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