Help & Guidance for general OC queries

Responsibilities are generally split between the Owners Corporation and individual lot owners. The OC is typically responsible for common property (e.g. roofs, external walls, stairwells), while lot owners maintain their private property. You can refer to Sections 46 and 47 of the Owners Corporations Act 2006 and your Plan of Subdivision for further clarity on boundaries which determine responsibility.

Model Rules prohibit interference with another lot owner’s right to the peaceful enjoyment of common property (Model Rule 1.1). You can raise a formal complaint with the OC Manager, who may initiate a breach notice or recommend dispute resolution under Section 155 of the Owners Corporations Act 2006.

Fees, also referred to as Levies, are set annually at the AGM or by the Committee and must be proportionate to lot liability in line with Section 23 Of the Owners Corporations Act 2006. They cover administration, day to day property operating expenses. insurance, common property maintenance, and long-term capital works via the maintenance fund (if applicable). An Owners Corporation may at its descression issue a Special levy which is over and above the annual budget and is usually intended to cover a shortfall in funds to cover a large item of capital expenditure. A committee posses the power to raise a Special levy at its descression.

Yes. Any lot owner is eligible to nominate for the committee, normally elected at the AGM. The committee carry out their duty in line with Part 5 of the Owners Corporations Act 2006. All properties of less than 1” lots must elect a chairperson, while properties greater than 10 lots must form a committee. This is a compliance obligation that many owners are unaware of. Committee representation is encouraged to ensure owner interests are represented in key decisions. Additionally, managers are facilitators of instruction and should not directly make decisions on behalf of owners. Therefore, having a compliant committee is critical to the management of your Owners Corpotation.

Section 61 of the Owners Corporations Act 2006 sets out that, the OC must insure all buildings on the plan that are wholly or partially common property, or if a lot owner shares a wall or service. This is referred to a ‘Building Insurance’ the Oc insurance policy is inclusive of several key items of coverage from building cover through to legal defence, office bearers and even machinery breakdown cover for assets such as lifts and carstackers. In addition to Building insurance it is recommended that Lot owners also hold contents or landlord insurance for their own lots.

Common property typically includes shared areas such as driveways, foyers, lifts, roofs, and gardens. The Plan of Subdivision defines the boundaries between lots and common property. This is critical when determining maintenance responsibilities.

Model Rules permit pets if they don’t cause a nuisance or danger (Model Rule 3.1). However, some OCs have amended rules requiring written consent. Blanket bans are not enforceable as per Owners Corporation Amendment (Pets and Other Matters) Act 2021 and relevant VCAT decisions.

Major decisions like altering common property, acquiring land, or entering long-term contracts typically require a special resolution (75% vote in favour by lot entitlement), as set out in Section 96. The Committee is delegated the power to make all decisions of an Owners Corporation except those requiring a Special or Unanimous Resolution. 

The manager acts under delegation from the OC to administer its affairs. This includes issuing fee notices, arranging maintenance, enforcing rules, facilitating the AGM, arranging building insurance and managing claims, keeping the financials of the OC maintaining records, administering the OC bank account, maintaining an ABN and taxation obligations advising the committee. And most importantly, acting in good faith and in the best interest of all owners. The manager’s powers are defined in the contract of appointment and Section 119 of the Act.

You may challenge a decision at VCAT under Section 163 if it is unreasonable, unlawful, or made in bad faith. Legal advice is recommended, and internal resolution should be attempted first.

Yes, your Owners Corporation Manager can and should play an active role in assisting with the remediation of building notices, building orders, and combustible cladding compliance, but always under instruction from the Committee or Owners Corporation.

Here’s how your OC Manager can assist:

1. Coordination and Compliance Oversight

OC Managers can coordinate with relevant stakeholders (building surveyors, fire engineers, project managers, legal advisors) to ensure the OC responds promptly to building notices issued under the Building Act 1993 or from Fire Rescue Victoria. This includes organising site inspections, collating required documentation, and engaging appropriate consultants.

Example: A building receives a Form 12 Building Notice regarding non-compliant ACP cladding. The OC Manager sources quotes from fire safety engineers, arranges a risk assessment, and prepares a remediation strategy for Committee approval.

2. Consultant and Contractor Engagement

While not project managers themselves, OC Managers can facilitate the tender process and liaise with qualified experts for scoping, defect reporting, and remediation works. They can prepare comparative analysis reports for committee decision-making.

3. Grant Funding and Insurance Navigation

Experienced managers are aware of financial pathways including Victorian Government programs like Cladding Safety Victoria (CSV). They assist in preparing application materials, obtaining legal declarations, and liaising with insurers regarding coverage exclusions or premium impacts.

4. Budgeting and Special Levy Management

Managers can prepare special levies in accordance with Section 23 of the Owners Corporations Act 2006, ensuring costs are proportioned according to lot liability. They can also integrate funding requirements into maintenance planning or long-term capital works strategies.

5. Legal and Statutory Compliance

OC Managers help ensure compliance with Section 4(d) of the Owners Corporations Act 2006—specifically the duty to repair and maintain common property. In cladding matters, this often extends to coordinating legal advice, dispute resolution, and VCAT appearances where necessary.

Key Legislative Touchpoints:

• Building Act 1993 – For statutory notices, orders and enforcement
• Owners Corporations Act 2006 – Sections 4(d), 23, 46–50
• Cladding Safety Victoria Guidelines – Funding pathways and criteria
• Model Rules – Duty not to interfere with safety or appearance of common property

Final Note:

The Manager’s role is administrative and facilitative—not advisory in legal, engineering, or building surveyor capacities. Where necessary, the Manager should recommend professional engagement and act strictly under written instruction from the Committee or the Owners Corporation at a general meeting.