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OWNERS CORPORATIONS ACT 2006 - SECT 169H

Joint and several liability of short-stay provider and short-stay occupant

    (1)     A short-stay provider and a short-stay occupant are jointly and severally liable for satisfying any order made under—

        (a)     section 165(1)(c) to compensate for loss or damage incurred as a result of the short-stay occupant substantially damaging or altering—

              (i)     a lot or the common property, intentionally or negligently; or

              (ii)     a structure that forms part of a lot or the common property, intentionally or negligently; or

        (b)     section 165(1)(j) to rectify loss or damage incurred as a result of the short-stay occupant substantially damaging or altering—

              (i)     a lot or the common property, intentionally or negligently; or

              (ii)     a structure that forms part of a lot or the common property, intentionally or negligently; or

        (c)     section 169E to compensate for loss of amenity; or

        (d)     section 169G to pay a civil penalty.

    (2)     Where a lot owner has appointed an agent provider—

        (a)     subsection (1) does not apply to an agent provider; and

        (b)     the lot owner and the short-stay occupant are jointly and severally liable instead for satisfying any order referred to in subsection (1).

    (3)     Despite subsection (1), a short-stay provider
is not liable for satisfying a loss of amenity compensation order under section 169E if VCAT is satisfied that the short-stay provider took all reasonable steps to prevent any relevant breach by a short-stay occupant of the proscribed conduct specified in section 159A(2).

Division 2—Exemption orders



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