Victorian Current Acts
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OWNERS CORPORATIONS ACT 2006
TABLE OF PROVISIONS
PART 2--FUNCTIONS AND POWERS OF OWNERS CORPORATION
Division 1--Functions and powers of owners corporation
4. Functions of owners corporation
5. Owners corporation must act in good faith
6. Powers of owners corporation
7. The five tiers of owners corporations
7A. Owners corporation for 2-lot subdivision (tier five owners corporations)
8. Services only owners corporation (tier five owners corporations)
9. Power to employ or engage persons
10. Execution of documents by owners corporation
11. Management of owners corporation and power to delegate
Division 2--Powers relating to services
12. Provision of services to members and occupiers
13. Owners corporation not to carry on business
Division 3--Powers relating to property
14. Leasing or licensing of the common property
15. Power to obtain lease or licence over land
16. Power to acquire and dispose of personal property
17. Owners corporation must not mortgage or charge common property
17A. Water on common property
Division 4--Power to commence legal proceeding
18. Power to commence legal proceeding
Division 5--The common seal
18A. Owners corporation not required to have or use common seal
19. The common seal
20. When can the common seal be used?
21. Who must witness the use of the common seal?
22. Judicial notice of use of common seal
PART 3--FINANCIAL MANAGEMENT
Division 1--Financial powers
23. Owners corporation may levy annual fees
23A. Owners corporation may levy fees in relation to insurance
24. Extraordinary fees and charges
25. Power to borrow money
26. Power to invest
27. Bank account
28. Liability of lot owners
29. Penalty interest on arrears
30. Recovery of money owed
31. Fee notice
32. Final notice
Division 2--Accounts and audit
33. Financial records
34. Financial statements
35. Audit of financial statements of owners corporations
35A. Exemption from requirement to audit financial statements
Division 3--Maintenance plan
36. Maintenance plan
37. What must a maintenance plan contain?
38. When does a maintenance plan have effect?
39. Report on approved maintenance plan
Division 4--Maintenance fund
40. Establishment of maintenance fund
42. Payments into maintenance fund
43. Payments from maintenance fund
44. Extraordinary payments from maintenance fund
45. Extraordinary payments for urgent matters
Division 5--Asset management
46. Owners corporation to repair and maintain common property
47. Owners corporation must repair and maintain services
47A. Lot owners must not repair, alter or maintain common property or services
48. Lots not properly maintained
49. Cost of repairs, maintenance or other works
50. When can an owners corporation authorise a person to enter a lot?
51. What notice of entry must be given?
52. Significant alteration to common property requires special resolution
53. Upgrading of common property
Division 5A--Disposal of goods abandoned on common property
53A. Owners corporation may dispose of goods abandoned on common property
53B. Notice of intention to dispose of goods abandoned on common property
53C. Removal of goods to safe place
53D. Disposal of goods
53E. Owners corporation not liable in relation to disposed goods
54. What is an insurable building?
55. Members may take out insurance
56. Owners corporation has insurable interest
57. Amount payable under owners corporation insurance
58. Insurance if lot mortgaged
59. Reinstatement and replacement insurance
60. Public liability insurance
61. Insurance for lots in multi-level developments
61A. Insurance for multiple single dwellings on a plan of subdivision
62. Owners corporation may have additional insurance
63. Insurance not required where there is no common property
64. Insurance not required where another owners corporation has insured
65. Valuation of buildings
PART 4--MEETINGS AND DECISIONS OF OWNERS CORPORATION
Division 1--First meeting of owners corporation
66. When must the first meeting be held?
67. What documents must be provided at the first meeting?
67A. What must be disclosed at the first meeting?
67B. Contract entered into by applicant for registration of the plan of subdivision prior to first meeting
67C. Minutes of first meetings
68. Obligations of initial owner
Division 2--Annual general meeting
69. Annual general meeting
70. Who may convene annual general meetings?
71. Agenda for annual general meeting
72. Notice of annual general meetings
Division 3--Special general meetings
73. What is a special general meeting?
74. Who can convene a special general meeting?
75. Agenda for special general meeting
76. Notice of special general meetings
Division 4--Procedure at general meetings
77. Quorum for a general meeting
78. Can a general meeting proceed even without a quorum?
79. Who chairs the general meeting?
80. Procedure at meeting
81. Minutes of meetings
82. Owners corporation may require certain matters to be dealt with at general meetings
83. Who can arrange a ballot?
84. How can a ballot be conducted?
85. Notice of ballot
86. Resolution by ballot
87. One vote for each lot
88. Voting on a resolution of the owners corporation by ballot
89. Voting on a resolution of the owners corporation at a meeting
89A. Does the chairperson have a casting vote?
89B. Can a lot owner vote if fees are unpaid?
89D. Restriction on number of lot owners on behalf of whom a proxy may vote on a resolution
89E. Revocation of a proxy
89F. Voting under power of attorney
89G. Person must not require or demand that a lot owner give authorisation to vote under power of attorney or proxy
89H. Term of contract of sale limiting voting rights void
Division 7--Decisions of owners corporation
90. Resolutions by meeting or ballot
95. What is a unanimous resolution?
96. What is a special resolution?
97. Interim special resolutions
98. Chairperson of owners corporation
100. Election of committee
101. Functions and powers of committee
102. Delegation by committee
103. Membership of committees
104. Casual vacancies on a committee
105. Chairperson of committee
106. Acting chairperson
107. Secretary of committee
108. How can a meeting of a committee be called?
109. Notice of meetings
110. Co-opted members
112. Proceedings of committee
113. Resolutions of committee to be resolutions of owners corporation
115. Committee to report
117. Duties of members of committees and sub‑committees
118. Immunity of committee members
119. Appointment and removal of manager
119A. Contract of appointment of manager
120. Functions of manager where there is a committee
121. Functions of the manager where there is no committee
122. Duties of manager
122A. Manager must disclose beneficial relationship with supplier
122B. Manager must disclose commission, payment or other benefit
123. Immunity of volunteer manager
125. VCAT may appoint manager
127. Manager to return records
PART 7--DUTIES AND RIGHTS OF LOT OWNERS AND OCCUPIERS
128. Compliance with laws
129. Care of lots
130. Care of common property
131. Overhanging eaves
132. Right to decorate interior walls, floors and ceilings
133. Notice of planning and building applications and plans of subdivision
134. Address of new owners
135. Address of absent owners
136. Advice to occupiers
137. Duties of occupiers of lots
PART 8--RULES OF THE OWNERS CORPORATION
138. Power to make rules
138A. Power to make rules regarding proxies
138B. Power to make rules regarding external alterations and other works affecting lot owners
139. Model rules
140. Rules to be of no effect if inconsistent with law
141. Who is bound by the rules?
141A. Occupier to ensure guests comply with rules
142. Recording of rules
143. Rules to be given to lot owners
PART 8A--RETIREMENT VILLAGES
143C. Maintenance fees
143D. Obligation of initial owner of retirement village land
143E. Appointment of the manager of an owners corporation
143F. Rules of owners corporation of retirement villages
Division 1--Keeping of records
144. Keeping of records
145. How long must records be kept?
146. Availability of records
Division 2--Owners corporation register
147. Owners corporation register
148. What must be kept on the owners corporation register?
149. In what form must the register be kept?
150. Availability of register
Division 3--Owners corporation certificate
151. Owners corporation certificate
PART 10--DISPUTE RESOLUTION
Division 1--Complaints and procedures
153. Decision whether to take action in respect of alleged breach
Division 1--of Part 3 applies to recovery of fees and other amounts.
154. Notice of decision not to take action
155. Notice to rectify breach
156. What if the person does not rectify the breach?
157. Final notice
158. How may notice be given?
159. Report to annual general meeting
Division 1A--Complaints and procedures--short-stay accommodation arrangements
159A. Complaints—short-stay accommodation arrangements
159B. Decision whether to take action in respect of alleged breach by a short-stay occupant
159C. Notice of decision not to take action—short-stay accommodation arrangement complaint
159D. Notice to rectify breach—short-stay accommodation arrangement complaint
159E. What if the person does not rectify the breach?
159F. Report to annual general meeting
Division 2--Powers of Director
160. Making a complaint
161. Conciliation and mediation
PART 11--APPLICATIONS TO VCAT
Division 1--Owners corporation disputes
162. VCAT may hear and determine disputes
163. Who may apply to VCAT in relation to a dispute?
164. VCAT may dismiss application
165. What orders can VCAT make?
166. Penalty for breach of rules
167. What must VCAT consider?
168. Monetary orders
169. Notice to Business Licensing Authority
Division 1A--Short-stay accommodation disputes
169A. VCAT may hear and determine short-stay accommodation disputes
169B. Who may apply to VCAT in relation to a short-stay accommodation dispute?
169C. What orders can VCAT make?
169D. Prohibition order
169E. Loss of amenity compensation order
169F. What must VCAT consider?
169G. Civil penalty for breach by short-stay occupant
169H. Joint and several liability of short-stay provider and short-stay occupant
Division 1B--Proceedings commenced, prosecuted, defended or discontinued by lot owner on behalf of owners corporation
169I. Lot owner may apply to VCAT to commence, prosecute, defend or discontinue any proceeding on behalf of owners corporation
169J. VCAT may make order authorising lot owner to commence, prosecute, defend or discontinue proceeding
Division 2--Exemption orders
170. Owners corporation may apply to VCAT for exemption
171. VCAT may make exemption order
Division 3--Restriction of access to records
172. Application to VCAT to restrict access to information
Division 4--Appointment of administrator
173. Application for appointment of administrator
174. Appointment of administrator
175. Remuneration of administrator
176. Powers and responsibilities of administrator
177. Administrator to act in good faith
PART 12--REGISTRATION OF MANAGERS
Division 1--Managers to be registered
178. Offence to act as manager without being registered
179. Eligibility for registration
180. Application for registration
181. Further information
182A. Permission to be registered as manager despite criminal record
183. Annual registration fee and statement
184. Extension of time
185. Failure to lodge annual statement
185A. Professional indemnity insurance
186. Automatic cancellation of registration
186A. Permission to continue to be registered as manager despite criminal record
186B. Conditions on permission
187. Death, disability etc. of registered manager
188. If details given in application or annual statement change
189. Offence to supply false or misleading information
190. Cancellation of registration if false information is given
191. Application for review
Division 2--Register of managers
192. Register of managers
193. Purposes of register of managers
194. What must the register of managers contain?
195. Inspection of register of managers
196. Removal of information from register of managers
197. Duty of Licensing Registrar
198. Provision of information for the purposes of this Act
199. Application of Australian Consumer Law and Fair Trading Act 2012
200. Approved forms
200A. Manner in which documents may be given to or served on owners corporation
201. Money to be paid to Victorian Property Fund
202. Certain provisions of contracts void
203. Who may commence a proceeding for offences?
203A. Infringement notices
204. Regulation-making powers
205. Transitional and savings provisions
PART 14--TRANSITIONAL AND SAVINGS PROVISIONS--OWNERS CORPORATIONS AND OTHER ACTS AMENDMENT ACT 2021
207. Requirement to have maintenance plan
208. Term of contract of appointment void
209. Financial statements
210. Review of amendments made by 2021 Act
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