By Nicole Wilde

11 October 2018

The new Owners Corporations Regulations 2018 (Vic) coming into effect on 2 December 2018 will replace the existing Owners Corporation Regulations 2007 (Vic).

The new regulations include some exciting new changes including a new, practical Model Rule regulating the external appearance of private lots that will require lot owners to obtain the written approval of the Owners Corporation before changing the external appearance of their lot.

Nicole Wilde and Rachael Hammond from Tisher Liner FC Law’s Owners Corporation team have prepared a brief summary of the key changes for all those who have an interest in the strata industry.

Summary of Key Changes Introduced by the Owners Corporations Regulations 2018 (Vic)

Reg. 7 Maintenance Plans

The new regulations prescribe further major capital items that must be contained in a maintenance plan including common property structures, including the roof, stairways, balustrades and window frames, shared services, fences, pools and water tanks

Reg. 9 Membership of Committee

The new regulations allow a Committee to resolve that a Committee Member is to cease holding office if they are absent from committee meetings without reasonable explanation within any six month period

Reg. 10 Manager’s professional indemnity insurance

Managers must now hold professional indemnity insurance that is sufficient to meet claims of up to $2,000,000 (formerly $1,500,000)

Reg. 11 Model Rules

There will be:-

  • A new Model Rule 2.1 which allows a Committee to appoint members to a sub-committee without reference to the Owners Corporation.
  • A new Model Rule 5.2

5.2 External appearance of lots

1. An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.

2. An owners corporation cannot unreasonably withhold approval, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.

  • A new Model Rule 5.3

5.3 Requiring notice to the owners corporation of renovations to lots

An owner or occupier of a lot must notify the owners corporation when undertaking any renovations or other works that may affect the common property and/or other lot owners’ or occupiers’ enjoyment of the common property.

Reg. 19 Manager initial registration fee

There new regulations have not changed the number of fee units. Based on the fee unit for 1 July 2018 to 30 June 2019, the manager registration fee will be $206.06

Reg. 20 Annual registration fee for managers

There new regulations have not changed the number of fee units. Based on the fee unit for 1 July 2018 to 30 June 2019, the annual registration fee will be $144.65

Reg. 21 Late lodgement Fee for annual registration fee and statement by managers

There new regulations have not changed the number of fee units. Based on the fee unit for 1 July 2018 to 30 June 2019, the late lodgement fee will be $14.45

 

If you require any further information regarding this regulation change, please contact Nicole WildeRachael Hammond or a member of our Owners Corporation Team.

Related Articles

View All
Owners Corporation / Owners Corporations & Strata

For Transparency’s Sake: Respect the Rights of an Eligible Person to Inspect Owners Corporation Records Free of Charge

Owners Corporations in Victoria have a legal duty to make the records of the owners corporation available for...
Read More
Owners Corporation / Owners Corporations & Strata

Multiple Owners Corporations: Ever wondered how they are meant to operate?

The concept is easy, one plan of subdivision, creates different types of common property areas, and multiple owners...
Read More
Owners Corporation / Owners Corporations & Strata / Property & Development

Looking behind an Owners Corporation’s ‘special resolution’ to authorise legal proceedings

At an interlocutory hearing, the developer asked VCAT to dismiss the Owners Corporations’ proceedings on the basis...
Read More
Owners Corporation / Owners Corporations & Strata / Construction

“No Permit Building Work” in Victoria: When are owner legal claims ‘time-barred’ from being commenced?

However, there are limited situations where building work is carried out without a building permit:- Either the...
Read More
Owners Corporation / Owners Corporations & Strata

Combustible Cladding – VCAT’s Decision in the Docklands, Lacrosse Tower Fire Case

The following fact sheet provides a summary of the Lacrosse Tower decision: LU Simon Builders Pty Ltd “Docklands...
Read More
Owners Corporation / Owners Corporations & Strata

Making Owners Corporation law easy for committees to understand

Committees often have to deal with complex repair projects or legal disputes in the evenings or weekends when they are...
Read More
Owners Corporation / Owners Corporations & Strata / Planning

Cladding Rectification Agreements: what you need to know about getting a loan to replace flammable cladding

The new legislation, which came into effect of 30 October 2018, will enable local councils to enter into a cladding...
Read More
Business Law / Construction / Employment Law

September 2018 Newsletter

September 2018 Newsletter See the full newsletter here Welcome TLFC Law are pleased to welcome Min Seetoh to the...
Read More
Owners Corporation / Owners Corporations & Strata

Short-stay accommodation law reform in Victoria: Are you aware of the changes?

The purpose of the Act is to regulate the provision of short-stay accommodation arrangements (up to a maximum of seven...
Read More
Owners Corporation / Property & Development / Owners Corporations & Strata

Considering renovating your apartment? Have you checked you legally own it?

Our population is growing and the construction of higher-density housing is booming Considering renovating If you opt...
Read More
Owners Corporation / Owners Corporations & Strata / Health & Aged Care

Owners Corporations & Retirement Villages in Victoria

People in Victoria over 55 years of age and who have retired from full time employment, may be eligible to purchase a...
Read More