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Owners Corporations Amendment Bill
2013
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the main purpose of the Bill.
Clause 2 provides that the Bill will commence on the day after the day on
which it receives the Royal Assent.
Clause 3 inserts new subsection (3A) in section 23 of the Owners
Corporations Act 2006 to clarify that the setting of annual fees
according to lot liability is not affected by the fact that a part of
the fees is for repairs, maintenance or other works that benefit
only one or some of the lots.
Clause 4 substitutes new subsection (2) and inserts new subsection (2A) in
section 24 of the Owners Corporations Act 2006. Subsection
(2) continues to provide that fees levied for extraordinary items
of expenditure will be based on lot liability, but qualifies this
provision by referring to new subsection (2A).
New subsection (2A) provides that special fees for extraordinary
items of expenditure for repairs, maintenance or other works will
be levied on the basis that, if the fees are for repairs, maintenance
or other works that benefit only one or some of the lots, the
owner of the lot that benefits more pays more.
Clause 5 inserts new subsection (4) in section 48 of the Owners
Corporations Act 2006, which provides that an owners
corporation may recover the cost of repairs, maintenance or other
works carried out under section 48(3) as a debt due to it from the
lot owner. This is currently set out in section 49(1) and has been
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relocated to section 48 as it relates to that section rather than
section 49.
Clause 6 substitutes new section 49 of the Owners Corporations Act
2006, which re-enacts with minor amendments existing
section 49(2) and (3). Section 49 provides that an owners
corporation may recover the cost of repairs, maintenance and
other works that benefit only one or some of the lots and that the
amount payable by lot owners will be calculated on the basis that
the lot owner who benefits more pays more.
Clause 7 inserts new subsections (1A) and (1B) in section 53 of the
Owners Corporations Act 2006 to provide that special fees for
upgrading works on the common property are, if the works
benefit one or some of the lots, to be levied on the basis that the
lot owner who benefits more pays more.
Clause 8 provides for the automatic repeal of this amending Act on the
first anniversary of its commencement. The repeal of this Act
does not affect in any way the continuing operation of the
amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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