Changes to the Owners Corporation Act in Victoria

BY: RICK DEERING

A number of amendments to the Owners Corporation Act have recently been before the Victorian Parliament as a part of the Consumer Affairs Legislation Amendment Bill 2009.  These changes relate mainly to committees & certificates.

Implementation or commencement of all amendments has been delayed to sometime later in the year after the regulations have been amended so that all changes can take affect at the same time.

One of the major changes means that a committee requires an Instrument of Delegation to resolve to delegate powers and functions to the committee at the owners corporation's next annual general meeting.  Proxies will now also be allowed at committee meetings although it should be noted that there is no form of proxy for committee members as yet.

Still to be finalised are amendments that allow an owner not on the committee to attend as an observer at committee meetings. The clause is to be refined such that meetings are to be open unless a committee votes for a closed meeting.
A further amendment sees the new requirement that Owners Corporation Certificates are to be sealed.  Although late changes to the legislation were made to allow the manager, chairperson or secretary to sign with the use of the seal so long as they are not the vendor.

This latter change is important. For example, if the issuing of certificates is not adequately dealt with, then this tinkering with strata laws threatens the sale of 30,000 properties each year.

For further information please contact Rick Deering on (03) 8641 6501.

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