Victorian Current Acts Victorian Current Acts(1) If a proposed cladding rectification agreement is in respect of rateable land that is managed by an owners corporation—
(a) the owners corporation must not enter into the agreement without the written consent of the owners of no less than 75 per cent of the total lots affected by the owners corporation in respect of the land; and
(b) the owners corporation must, before entering into the agreement—
(i) give to the Council in writing the names and postal addresses of all of the owners of the lots affected by the owners corporation in respect of the land; and
(ii) specify to the Council which of the owners consented to entering the agreement.
(2) If an owners corporation enters into a cladding rectification agreement—
(a) the agreement is taken not to be a mortgage or charge of common property for the purposes of section 17 of the Owners Corporations Act 2006 ; and
(b) works undertaken under the agreement are taken not to be upgrading works for which the owners corporation can levy a fee under section 53 of the Owners Corporations Act 2006 ; and
(c) the agreement is taken not to be a maintenance plan for the purposes of the Owners Corporations Act 2006 ; and
(d) any levying and collection of the cladding rectification charge by the Council under the agreement is taken not to be a maintenance fund for the purposes of the Owners Corporations Act 2006 .
(3) A cladding rectification charge declared and levied in respect of rateable land that is managed by an owners corporation—
(a) does not apply to the part of the land that is common property; and
(b) must be apportioned based on the separate lots or occupancies on the land.
(4) An owners corporation is not liable for any failure by an owner or any occupier to pay a cladding rectification charge.
S. 185L inserted by No. 46/2018 s. 79.