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Rights and duties of occupiers and owners

Information about the rights of tenants and lot owners in a plan of subdivision where there is common property.

Duties of lot owners

People who own a lot where there is common property managed by an owners corporation have to:

  • follow the law that is set out in the Act, Regulations and the owners corporation rules
  • keep the part of their property in a state of good repair if it affects the outward appearance or the use and enjoyment of the other lot owners
  • care for the common property (so not to cause damage or deterioration)
  • maintain their eaves and guttering
  • notify the owners corporation if they are applying for a planning permit
  • if they sell (or buy) a lot, they must let the OC know the name and address of the new owner within a month of signing the contract
  • if they will be away for more than 3 months they have to give a forwarding address
  • if they rent out their lot they have to give the tenants a copy of the rules when they move in.

See s 128–131, 133–136—Owners Corporation Act 2006 (Vic)

Duties of occupiers (tenants)

Tenants have to:

  • comply with the Act, Regulations and Rules of the owners corporation
  • take care of common property (not neglect it or treat it in a way likely to cause damage or deterioration).

See s 137—Owners Corporation Act 2006 (Vic)

Rights of occupiers and lot owners

Lot owners may decorate their internal property (floor, walls, curtains, adding fixtures or fittings) in any way that they choose.

See s 132–131—Owners Corporation Act 2006 (Vic)

More information

Legislation

Owners Corporation Act 2006 (Vic)

  • s. 3—defines 'lot owner', 'owners corporation'
  • Part 7—duties and rights of lot owners and occupiers

See Owners Corporations Act 2006 (Vic).

Reference

Consumer Affairs Victoria (CAV)

The CAV site has a section dedicated to owners corporations. See particularly the publication, 'MyCAV for incorporated associations' available under 'forms and publications'.

See Consumer Affairs Victoria—Owners corporations.

Updated