Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 32

Powers to alter subdivision

32. Powers to alter subdivision

If there is a unanimous resolution of the members, an owners corporation may
proceed under this Division to do one or more of the following-

   (a)  dispose of the fee simple in-

   (i)  all or part of any common property vested in it; or

   (ii) any other land purchased or obtained by it;

   (b)  purchase or otherwise obtain land-

   (i)  for inclusion in or to become common property; or

   (ii) which is or is to become a lot;

   (c)  alter the boundaries of any land affected by the owners corporation;

   (d)  increase or reduce the number of lots affected by the owners
        corporation;

   (e)  create new lots or new common property;

   (f)  create and name an owners corporation and specify the land to be land
        affected by that new owners corporation and specify lot entitlement
        and lot liability in relation to that owners corporation;

   (g)  dissolve itself if-

   (i)  it is an owners corporation without common property vested in it and
        it owns no land; or

   (ii) it disposes under this section of all its common property and all the
        land that it owns;

   (h)  merge with another owners corporation (created on the same or another
        plan) if-

   (i)  none of the land affected by the first owners corporation is land
        affected by the other owners corporation and the merger would not
        result in the same land being land affected by 2 or more unlimited
        owners corporations; or

   (ii) one of the merging owners corporations is an unlimited owners
        corporation and the land affected by that owners corporation includes
        all the land affected by all other merging limited owners
        corporations;

        (i)    create, vary or remove any easement or restriction (including
               an implied easement);





   (j)  consolidate into a single lot all the land affected by the owners
        corporation if-

   (i)  it is an unlimited owners corporation and, if any land affected by it
        is also affected by a limited owners corporation, the members of that
        limited owners corporation by unanimous resolution consent to the
        consolidation; or

   (ii) none of the land affected by the owners corporation is land affected
        by another owners corporation;

   (k)  create, alter or extinguish lot entitlement or lot liability in any
        way necessary because of the exercise of its other powers under this
        section;

   (l)  amend or cancel a scheme of development under the Cluster Titles Act
        1974 in any way necessary because of the exercise of its other powers
        under this section;

   (m)  create roads or reserves.