Important Alert: The new Owners Corporations Regulations 2018 (Vic) come into effect on 2 December 2018.

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.

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 Phillip Leaman.