Owners Corporations Act update – Form changes from Consumer Affairs Victoria
Consumer Affairs Victoria have issued new fee notice and final notice forms with extra information.
For Fee Notices and Final Notices, there is a new section about payment plans and financial hardship:
“Payment Plans and financial hardship
If you are experiencing financial hardship and struggling to pay your Owners Corporation levies and fees on time, contact your owners corporation and owners corporation manager as soon as possible. Ask them to have a payment plan put in place. The National Debt Helpline – Debt Problems – Strata Levies(www.ndh.org.au/debt-problems/strata-levies) page has a step-by-step guide on how to do this. Owners Corporations are called strata in some other states. It also has information about other payment options, what to do if you can’t come to an agreement, and what to do if legal action is being threatened or has commenced against you.
If you’re feeling overwhelmed and need help to deal with financial issues, you can get free, independent, and confidential advice from a community based financial counsellor. To speak to a financial counsellor, call the National Debt Helpline on 1800 007 007 or visit the National Debt Helpline’s find a financial counsellor page(www.ndh.org.au/financial-counselling/find-a-financial-counsellor) to find a financial counsellor near you.”
Notwithstanding the additional information there is no statutory requirement for an Owners Corporation to accept a payment plan from a lot owner who is in arrears.
Make sure you compare your current form with the current approved form to ensure that all sentences/wording is included.
Please also note the following statement included:
“Can Owners Corporations change, add or delete information in fee notices?
The layout of the forms can be varied to suit computer generated systems, mailing and payment processes but must contain all information specified in the approved forms.
The main title of the notice must be ‘Owners Corporation fee notice’ or ‘Owners Corporation final fee notice’.
Payment methods can be inserted into the space provided or incorporated into a tear off remittance slip. If space is limited, payment methods can be provided on a separate page).
The form can also include details such as:
• other reference numbers and information needed as part of an internal administration system (e.g. owner reference number)
• the manager’s name, ABN, registration number and contact details
• website and email details.
Otherwise no other information can be changed, added or deleted. Fee notices are approved forms under the Act. Any notice that contains information which differs from the approved form may be invalid.”
It is really important that you ensure your fee notices comply with section 31 and the approved form.
The forms expand the information required for lot owners. The new forms should be used straight away. The forms can be accessed from the links below.
Owners corporation fee notice (Word, 71KB)
Owners corporation final fee notice (Word, 67KB)
Sections 31 and 32 of the Owners Corporations Act 2006 requires an Owners Corporation to use approved forms. The approved forms are the ones published on Consumer Affairs Victoria website from time to time.
It is imperative that the forms are updated when CAV changes them otherwise there is a risk that your fee notice or final notice will be invalid. That will mean that recovery of outstanding levies may be put into jeopardy until compliant notices are served.
If you need assistance with checking that notices are compliant or assistance with levy recovery please contact Phillip Leaman and the OC team at Tisher Liner FC Law.
Disclaimer
The above does not constitute legal advice, but is information which may be of general interest. Tisher Liner FC Law will not be held liable or responsible for any claim, which is made as a result of any person relying upon the information contained in this publication.