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Owners Corporations Regulations 2018 – Key Changes

Owners Corporations Regulations 2018 – Key Changes

The existing Owners Corporations Regulations 2007 has been replaced by the Owners Corporations Regulations 2018 effective 2 December 2018.

Some of the key changes affecting lot owners are:

Maintenance Plans
Additional 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.

Membership of Committee
A Committee can resolve that a Committee Member is to cease holding office if they are absent 25% or more from committee meetings without reasonable explanation within any six months period. This will be a useful tool for Committees with inactive members whose non-attendance impacts quorum and decision making. The active members can seek to reduce the size of the Committee without having to wait until the next general meeting.

Changes in the Model Rules
• A Committee can appoint members to a sub-committee without reference to the Owners Corporation. (Previously sub-committees could only be formed if the special rules permitted)
• 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. 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.
• 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.

 

Christmas Break

Melbourne Owners Corporation Services (MOCS) would like to take this opportunity to inform lot owners that our office will be closed from 24th December 2018 and re-opens on 7th January 2019. During this time, we will not be able to answer emails as quickly as we usually do.  For urgent or emergency common area maintenance matters, please call 03 9818 2488.

Please contact our office before 21st December 2018 should you require assistance on any Owners Corporation administrative matters.

MOCS would like to wish you Merry Christmas and a Happy New Year.

Weekly FAQ #4 – Neighbour from hell

Weekly FAQ #4 – Neighbour from hell

Q. A new resident just moved in next door and is making loud noises constantly especially at night. What can I do?

A. The first step is always to approach your neighbour first. If that fails, you should refer this to the Building Manager or Owners Corporation Manager. Your OC may also have Special Rules to govern the noise issue.

For ongoing noise disputes, all residents should lodge a formal complaint against the neighbour. Most noise disputes stop just before or at the grievances committee meetings. You can also refer to the Consumer Affairs Victoria website for more information on complaints.

Victoria Police can assist if you need immediate response regarding the noise complaints.

Weekly FAQ #3 – Can a proxy holder transfer their proxy to someone else?

Weekly FAQ #3 – Can a proxy holder transfer their proxy to someone else?

Proxy a proxy

Q. I’m a proxy on behalf a lot owner and elected to be on the Committee. I cannot attend the upcoming Committee Meeting, can I proxy someone else to attend on my behalf?

A. The simple & direct answer is no, because a proxy must not transfer the proxy to a third party under Section 87 (3)(c) of the Owners Corporations Act 2006.

This is problematic especially in a Committee who are formed largely by lot owners in the name of their company, superfund, etc as most of them would have been a proxy on behalf of the entities. One of the ways to get around it is to appoint yourself under the power of attorney on behalf of the entity. That way, you can appoint a proxy to represent you in your absence.