Victorian Current Acts Victorian Current ActsS. 56(1) amended by No. 26/2011 s. 34(Sch. item 3.25).
(1) This section applies if a person with a disability—
(a) owns a lot affected by an owners corporation; or
(b) is an occupier of a lot affected by an owners corporation.
(2) The owners corporation must allow the person to make reasonable alterations to common property to meet his or her special needs if—
(a) the alterations are at the expense of the person; and
(b) the alterations do not require any alterations to a lot occupied by another person; and
(c) the alterations do not adversely affect—
(i) the interests of another occupier of a lot affected by the owners corporation; or
(ii) the interests of an owner of another lot affected by the owners corporation; or
(iii) the interests of the owners corporation; or
(iv) the use of common property by another occupier of a lot or an owner of another lot affected by the owners corporation; and
(d) the action required to restore the common property to the condition it was in before the alterations is reasonably practicable in the circumstances; and
(e) the person agrees to restore the common property to its previous condition before vacating the lot and it is reasonably likely that he or she will do so.
Example
An owners corporation may be able to allow the person to make reasonable alterations to the common property by—
• fixing a ramp to the external facade of the building;
• installing a mechanical device in the front door of the building to enable the person to open the door automatically.
(3) This section is in addition to, and does not affect or take away from any requirements imposed by or under the Building Act 1993 .
(4) This section does not affect anything in—
(a) Part 10 or 11 of the Owners Corporations Act 2006 ; or
(b) Division 5 of Part 5 of the Subdivision Act 1988 .
(5) In this section—
S. 56(5) def. of common property and lot affected by an owners corporation amended by No. 81/2011 s. 22(6)(b).
common property and lot affected by an owners corporation have the meanings given in section 3 of the Owners Corporations Act 2006 .