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In Victoria the manager has the power to service notices in accordance with the Owners Corporation Act 2006. If they've coordinated the agms correctly the OC can also resolve to charge interest in accordance with the Penalty Interest Rates Act. This is a very affective way to get owners to pay on time as the fees owing become more costly for them. When they decide to sell their unit, prospective purchasers must be given information on that unit such as fees outstanding. This can be a massive deterrent for some buyers. Worst case the OC can take the owner to VCAT if they continue to not pay their fees. There's also affective ways of writing letters which your manager should know what to do as that's what you are paying him for.
If the matter goes to VCAT and an order is made in favour and the owner continues to not pay their fees then you would need to seek advice from a solicitor. There are also government agencies such as Consumer Affairs Victoria who provide free information and advice.
Honey Owners Corporation Management – http://www.honeyocm.com.au – Owners Corporation (Body Corporate) manager for Melbourne, Geelong, Ballarat and Western Suburbs region.
i all
As stated in one of the posts. In victoria you are not required to get permission from the Owners Corporation unless the renovations you do to a lot is going to affect the outward appearance or enjoyment of the OC (e.g. installing a pink fence at the front of your lot or a massive satellite dish). Any renos within your lot should be fine unless the OC has made additional rules. In the first instance you should contact your manager first and run it by them and ask if any rules have been amended. The common one is installing floor boards. Some apartments make rules to not allow floorboards because of the noise it creates when people walk on them.
Honey Owners Corporation Management – http://www.honeyocm.com.au – Owners Corporation (Body Corporate) manager for Melbourne, Geelong, Ballarat and Western Suburbs region.
For future reference
You are entitled, by law, to request to view the owners corporation records such as minutes and financial statements. They Owners Corporation manager must provide this if requested. As detailed above, always obtain this information prior to purchasing as it may even give you negotiation power to reduce the price if the investment is viable.
Honey Owners Corporation Management – http://www.honeyocm.com.au – Owners Corporation (Body Corporate) manager for Melbourne, Geelong, Ballarat and Western Suburbs region.
Hi Marsmac
For future information on any unit you buy in Victoria, by law all Owners Corporations must have strata insurance to cover them for public liability and the building. If owners have not paid then they are potentially legally liable for any cost incurred. So if the place burns down or if someone falls over and hurts themselves and sues the Owners Corporation and they're not insured then the entity of the owners corporation would most likely be liable for cost. As the entity makes up all the owners they would have to falk out the cost out of their own pocket.
Generally I would recommend to steer away from such developments as they can be very hard to sell again in the future. Particularly the one you've described. It can also create unnecessary stress and headaches in getting things done.
