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Issues paper 2: Owners corporations

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Background

The focus of this issues paper is the Owners Corporations Act 2006, which provides for the management, powers and functions of owners corporations (formerly body corporates), and mechanisms to resolve disputes. 

The paper examines issues regarding: 

  • the function and operation of owners corporations (except for the conduct of owners corporation managers, which forms part of Issues paper 1: Conduct and institutional arrangements)
  • Part 5 of the Subdivision Act 1988, which provides for the creation of owners corporations, the vesting of and dealings in the common property, and the alteration of subdivisions
  • the interaction between the Owners Corporations Act and the Retirement Villages Act 1986. Consultation on these issues will form part of a staged review of certain aspects of the Retirement Villages Act.  

The Owners corporations issues paper looks at whether these Acts are achieving their purposes and, in doing so, whether they are also achieving their informal purpose of improving the ‘liveability’ of strata communities.

Throughout the paper, issues have been raised for consideration and comment. Many have been raised by stakeholders during preliminary consultation for the Consumer property law review.

The issues paper does not attempt to provide data or evidence to substantiate the issues raised. Its purpose is to draw out evidence and commentary from stakeholders about the nature of the issue and extent of any problems. 

Feedback on this issues paper will inform the development of an options paper on potential legislative changes. Submissions on the options paper will inform the government in determining final legislative reforms.

Consultation closed

Public consultation on this issues paper closed on 29 April 2016.

If you have any queries, please email cav.consultations@justice.vic.gov.au.

Submissions

The following public submissions were made:

Download the issues paper

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