Victorian Current Acts

SUBDIVISION ACT 1988 - SECT 32

If there is a unanimous resolution of the members, an owners corporation may proceed under this Division to do one or more of the following—

        (a)     dispose of the fee simple in—

              (i)     all or part of any common property vested in it; or

              (ii)     any other land purchased or obtained by it;

        (b)     purchase or otherwise obtain land—

              (i)     for inclusion in or to become common property; or

              (ii)     which is or is to become a lot;

S. 32(c) substituted by No. 80/2009 s. 100.

        (c)     alter the boundaries of any land affected by the owners corporation, whether or not the alteration results in an increase or decrease of the area of land affected by the owners corporation;

        (d)     increase or reduce the number of lots affected by the owners corporation;

        (e)     create new lots or new common property;

        (f)     create and name an owners corporation and specify the land to be land affected by that new owners corporation and specify lot entitlement and lot liability in relation to that owners corporation;

        (g)     dissolve itself if—

              (i)     it is an owners corporation without common property vested in it and it owns no land; or

              (ii)     it disposes under this section of all its common property and all the land that it owns;

        (h)     merge with another owners corporation (created on the same or another plan) if—

              (i)     none of the land affected by the first owners corporation is land affected by the other owners corporation and the merger would not result in the same land being land affected by 2 or more unlimited owners corporations; or

              (ii)     one of the merging owners corporations is an unlimited owners corporation and the land affected by that owners corporation includes all the land affected by all other merging limited owners corporations;

              (i)     create, vary or remove any easement or restriction (including an implied easement);

        (j)     consolidate into a single lot all the land affected by the owners corporation if—

              (i)     it is an unlimited owners corporation and, if any land affected by it is also affected by a limited owners corporation, the members of that limited owners corporation by unanimous resolution consent to the consolidation; or

              (ii)     none of the land affected by the owners corporation is land affected by another owners corporation;

        (k)     create, alter or extinguish lot entitlement or lot liability in any way necessary because of the exercise of its other powers under this section;

        (l)     amend or cancel a scheme of development under the Cluster Titles Act 1974 in any way necessary because of the exercise of its other powers under this section;

        (m)     create roads or reserves.

S. 32AA
inserted by No. 69/2006 s. 211.