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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Owners Corporations Amendment Bill 2013
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Owners corporation may levy fees 2
4 Extraordinary fees 2
5 Lots not properly maintained 2
6 New section 49 substituted 3
49 Cost of repairs, maintenance or other works 3
7 Upgrading of common property 3
8 Repeal of Amending Act 4
ENDNOTES 5
571467B.I-12/11/2013 i BILL LA INTRODUCTION 12/11/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Owners Corporations Amendment Bill
2013
A Bill for an Act to amend the Owners Corporations Act 2006 in
relation to the levying of fees, and the recovery of costs, for repairs,
maintenance or other works and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Owners Corporations Act 2006--
(a) to clarify the basis on which annual fees are
5 set by owners corporations; and
(b) to provide for the way in which owners
corporations levy special fees, and upgrading
fees, and recover costs, in relation to works
that are wholly or substantially for the
10 benefit of some or one, but not all, lots.
571467B.I-12/11/2013 1 BILL LA INTRODUCTION 12/11/2013
Owners Corporations Amendment Bill 2013
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Owners corporation may levy fees
5 See:
Act No.
After section 23(3) of the Owners Corporations
69/2006. Act 2006 insert--
Reprint No. 1
as at "(3A) Subsection (3) applies to the setting of fees
16 August
2012.
relating to repairs, maintenance or other
LawToday: works even if the works are wholly or
10 www.
legislation.
substantially for the benefit of some or one,
vic.gov.au but not all, of the lots affected by the owners
corporation.".
4 Extraordinary fees
For section 24(2) of the Owners Corporations
15 Act 2006 substitute--
"(2) Subject to subsection (2A), the fees must be
based on lot liability.
(2A) Fees for extraordinary items of expenditure
relating to repairs, maintenance or other
20 works that are undertaken wholly or
substantially for the benefit of some or one,
but not all, of the lots affected by the owners
corporation must be levied on the basis that
the lot owner of the lot that benefits more
25 pays more.".
5 Lots not properly maintained
After section 48(3) of the Owners Corporations
Act 2006 insert--
"(4) An owners corporation may recover as a debt
30 from a lot owner the cost of repairs,
maintenance or other works carried out
under subsection (3).".
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Owners Corporations Amendment Bill 2013
s. 6
6 New section 49 substituted
For section 49 of the Owners Corporations Act
2006 substitute--
"49 Cost of repairs, maintenance or other
5 works
(1) An owners corporation may recover as a debt
the cost of repairs, maintenance or other
works undertaken wholly or substantially for
the benefit of one or some, but not all, of the
10 lots affected by the owners corporation from
the lot owners.
(2) The amount payable by the lot owners is to
be calculated on the basis that the lot owner
of the lot that benefits more pays more.
15 (3) The works referred to in this section may be
to the common property or a lot.".
7 Upgrading of common property
After section 53(1) of the Owners Corporations
Act 2006 insert--
20 "(1A) Subject to subsection (1B), the fees must be
based on lot liability.
(1B) Fees for upgrading works carried out wholly
or substantially for the benefit of some or
one, but not all, of the lots affected by the
25 owners corporation must be levied on the
basis that the lot owner of the lot that
benefits more pays more.".
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Owners Corporations Amendment Bill 2013
s. 8
8 Repeal of Amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Owners Corporations Amendment Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571467B.I-12/11/2013 5 BILL LA INTRODUCTION 12/11/2013
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