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Victoria Owners Corporation Law: Rules, Fees and VCAT

By Recording Law Editorial Team8 min read
Victoria Owners Corporation Law: Rules, Fees and VCAT

Frequently Asked Questions

What does Victoria call a strata scheme?

An owners corporation, both for the development itself and the body that manages it, under the Owners Corporations Act 2006 (Vic). Victoria does not use "strata scheme" or "body corporate" terminology.

Does Victoria have by-laws?

No, Victoria uses "rules" instead. An owners corporation can only make rules on the subjects listed in Schedule 1 of the Act, by special resolution under section 138.

When is a Victorian owners corporation rule invalid?

Section 140 makes a rule of no effect if it is oppressive, unfairly prejudicial to, or unfairly discriminates against a lot owner or occupier, or if it is inconsistent with the Act, the Subdivision Act 1988 (Vic), the regulations, or another law. Whether a specific rule crosses that line is for VCAT to decide.

Can an owners corporation in Victoria charge interest on unpaid fees?

Only if a general meeting resolution specifically authorises it, under section 29. The owners corporation can also choose to waive interest in a particular case.

Which tribunal decides Victorian owners corporation disputes?

The Victorian Civil and Administrative Tribunal (VCAT), under Part 11 of the Owners Corporations Act 2006 (Vic). Part 10 sets out a complaints and Consumer Affairs Victoria conciliation process that generally comes first.

Can a Victorian owners corporation ban pets?

This page does not take a position either way. The sections of the Act that would be expected to address pets specifically, sections 138, 140 and Schedule 1, do not contain a provision naming animals, but that absence does not confirm Victoria has no rule-making power over the subject.

Sources and References

  1. Owners Corporations Act 2006 (Vic)(classic.austlii.edu.au).gov
  2. Owners Corporations Act 2006 (Vic) s 138, power to make rules(classic.austlii.edu.au).gov
  3. Owners Corporations Act 2006 (Vic) sch 1, matters an owners corporation may make rules about(classic.austlii.edu.au).gov
  4. Owners Corporations Act 2006 (Vic) s 140, rules of no effect if inconsistent with law(classic.austlii.edu.au).gov
  5. Owners Corporations Act 2006 (Vic) s 29, penalty interest on arrears(classic.austlii.edu.au).gov
  6. Owners Corporations Act 2006 (Vic) s 30, recovery of money owed(classic.austlii.edu.au).gov
  7. Consumer Affairs Victoria: owners corporations(consumer.vic.gov.au).gov
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