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Legal Update - Owners Corporation Act (2006)
Home :: Business :: Legal
By: David Natenzon Email Article
Word Count: 2803 Digg it | Del.icio.us it | Google it | StumbleUpon it

  

Lot owners are required to maintain any part of the lot that affects the outward appearance of the lot, and maintain any service that serves that lot exclusively. Lot owners must not permit the common property to be damaged or to deteriorate. In some circumstances, lot owners are responsible for cleaning and maintaining overhanging eaves and gutters that are common property. Lot owners can decorate and attach fixtures to their lots, but must give notice to the OC of any application by the lot owner for a building or planning permit.
Insurance

A lot owner can insure their lot and their interest in the common property. Section 11 of Sale of Land Act 1962 remains in effect: a lot owner cannot sell a lot if insurance required under the Act is not in place. If the insurance has not been taken out, the purchaser may avoid the sale at any time before the contract is completed.

All OCs (except two-lot OCs) are required to obtain reinstatement and replacement insurance and public liability insurance for common property, and for any multilevel developments.

Not less than every five years a prescribed OC must obtain a valuation of all buildings that it is liable to insure. The OC must present the valuer's report at the next general meeting.
Developers

The Act imposes a number of obligations on the applicant for registration of the plan of subdivision (other than a two-lot subdivision):

* the applicant must provide (amongst other things) at the first meeting of the OC (which must occur within six months of the registration of the plan of subdivision) an OC register, any accounts or records made on behalf of the OC, the maintenance plan (if any), any contracts, leases and licences binding on or benefiting the OC, insurance policies, the names of the companies, tradespeople or suppliers who provided a warranty or other guarantee on any matter for which the OC is responsible, and copies of those warranties and guarantees;
* within the first five years following registration of the plan of subdivision and while the applicant owns a majority of the lots affected by the OC, the applicant must:
* act honestly and in good faith and with due care and diligence in the interests of the OC in exercising any rights under the new legislation; and
* take all reasonable steps to enforce any domestic building contract entered into for any breach of contract which affects the common property and of which the applicant is aware or ought reasonably to be aware; and
* the applicant must establish an OC register which includes information regarding lot liability, insurance policies, notices or orders served on the OC and details of contracts, leases and licenses entered into by the OC.

Proxies and Powers of Attorney

The Act makes it an offence for a person to require or demand that a lot owner of any subdivision provide a power of attorney or proxy for the purpose of voting at a meeting or in a ballot of an OC.

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David Natenzon has gained extensive experience in different aspects of commercial,corporate, and litigation matters and manages Rosendorff's employment law division.He has developed an extensive knowledge of the WorkChoices legislation and is an Associate Member of the Law Institute of Victoria. For more details, visit: www.rosendorff.com.au

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