Victorian Numbered Acts

OWNERS CORPORATIONS AMENDMENT (SHORT-STAY ACCOMMODATION) ACT 2018 (NO. 34 OF 2018) - SECT 5

After section 159 of the Principal Act insert —

" Division 1A—Complaints and procedures—short-stay accommodation arrangements

        159A     Complaints—short-stay accommodation arrangements

    (1)     An owner of a lot, an occupier of a lot or a manager may make a complaint to the owners corporation about an alleged breach by a short-stay occupant of the conduct proscriptions applying to short-stay accommodation arrangements.

    (2)     For the purposes of subsection (1), a short-stay occupant breaches a conduct proscription applying to a short-stay accommodation arrangement by engaging in any of the following conduct—

        (a)     unreasonably creating any noise likely to substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot (other than the making of noise where the owners corporation has given written permission for that noise to be made);

        (b)     behaving in a manner likely to unreasonably and substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot;

        (c)     using a lot or the common property, or permitting a lot or the common property to be used, so as to cause a substantial hazard to the health, safety and security of any person or an occupier;

        (d)     unreasonably and substantially obstructing the lawful use and enjoyment of the common property by an occupier or a guest of an occupier;

        (e)     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.

    (3)     A complaint must be made in writing in the approved form.

    (4)     An owners corporation must make a copy of the approved form available at the request of a person who wishes to make a complaint under this section.

    (5)     A complaint cannot be made under this section in relation to a personal injury.

        159B     Decision whether to take action in respect of alleged breach by a short-stay occupant

    (1)     This section applies if—

        (a)     a complaint is made under section 159A; or

        (b)     it otherwise comes to the attention of the owners corporation that a short-stay occupant has breached a conduct proscription specified in section 159A(2).

    (2)     The owners corporation must decide—

        (a)     to take action under this Part in respect of an alleged breach by a short-stay occupant; or

        (b)     to take no action in respect of the alleged breach.

    (3)     The owners corporation must not take action under this Part in respect of an alleged breach by a short-stay occupant unless it believes on reasonable grounds that the short-stay occupant has committed the alleged breach.

    (4)     A decision under this Part cannot prevent the carrying out of an obligation under section 46 or 47 that is necessary to ensure safety or to prevent significant loss or damage.

        159C     Notice of decision not to take action—short-stay accommodation arrangement complaint

    (1)     If an owners corporation decides not to take action under this Part in respect of an alleged breach by a short-stay occupant, it must give notice of the decision to any person who made a complaint under section 159A in respect of the alleged breach.

    (2)     The notice must set out the reasons for the decision.

        159D     Notice to rectify breach—short-stay accommodation arrangement complaint

    (1)     If an owners corporation decides to take action under this Part in respect of an alleged breach by a short-stay occupant, the owners corporation—

        (a)     must give notice of the allegation to the lot owner and the short-stay provider (if the short-stay provider is not the lot owner); and

        (b)     may give notice of the allegation to the short-stay occupant.

    (2)     A notice must specify the alleged breach and state that—

        (a)     the person to whom the notice is given is required to rectify the breach if this has not been done so already; and

        (b)     in any case, the owners corporation may decide to apply to VCAT to resolve a short-stay accommodation dispute in relation to the breach and may seek one or more of the following orders—

              (i)     a prohibition order under section 169D;

              (ii)     an order for a civil penalty under section 169G;

              (iii)     any applicable order that VCAT may make under section 165.

    (3)     A notice under this section must be in writing in the approved form.

        159E     What if the person does not rectify the breach?

    (1)     If a person has been given a notice under section 159D, the owners corporation may decide to apply to VCAT to resolve a short-stay accommodation dispute in relation to the breach and may seek one or more of the following orders—

        (a)     a prohibition order under section 169D;

        (b)     an order for a civil penalty under section 169G;

        (c)     any applicable order that VCAT may make under section 165.

    (2)     The owners corporation may make a decision under subsection (1), whether or not the person to whom the notice is given has rectified the breach.

        159F     Report to annual general meeting

    (1)     The owners corporation must report to the annual general meeting in relation to—

        (a)     the number of complaints made under this Division; and

        (b)     the nature of the complaints; and

        (c)     the number of matters on which action was taken under this Division; and

        (d)     the nature of the matters in respect of which action was taken; and

        (e)     the outcome of each action.

    (2)     The report must not identify the person who made a complaint or the short-stay occupant alleged to have committed the breach.".