When determining the lot entitlement, the A body corporate created by registration of a plan of subdivision or a plan of strata or cluster subdivision. See also prescribed owners corporation. must take into account the value of each lot and the proportion that value bears to the total value of the lots affected by the owners corporation.
When determining the lot Legal responsibility, enforced by civil or criminal courts., the owners corporation must take into account the amount that is just and equitable for the owner of each lot to contribute towards the administrative and general expenses of the owners corporation.
The Found in a statute of delegated legislation. For example, a statutory authority or body is aperson or organisation that has special powers given by parliament to do work for the public benefit. basis for the allocation of lot entitlement and lot liability are sections 27F(2)(a) and 33 of the Subdivision A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation..
The entitlement and liability of each owner is expressed in the plan of subdivision. Lot entitlement ultimately determines the voting rights of each owner and the lot owner’s share of any income the owners corporation may receive. The alteration of lot entitlement and lot liability requires a unanimous resolution that can be difficult to obtain.
Alternatively, an application can be made to the Victorian Civil and Administrative A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. (VCAT) if owners wish to challenge this allocation.
The requirements for an exemption from the obligation to have a unanimous resolution are set out in section 34D of the Subdivision Act. This section covers issues such as when it is impractical to obtain a member’s vote, or when more than 50 per cent of the voting rights support the ballot and the purpose is likely to bring economic or social benefits to the subdivision as a whole that are greater than any disadvantage to the members who did not To agree to something being done, to approve an action or arrangement. See also informed consent.. Note that the same exercise must be undertaken for each owners corporation where there are multiple owners corporations affecting a lot.
The owners for the time being, and any purchaser in (1) Having control over property. Possession is not the same as ownership. For example, a bicycle you have borrowed from a friend is in your possession but you do not own it. (2) Having illegal drugs on your person or property. of a lot, are liable to pay any outstanding fees, charges, contributions or amounts owing to the owners corporation in respect of that lot (s 28(1)). For this reason, it is important to ensure that any Money owed that is due on a certain date and is late being paid (overdue). are adjusted and paid at settlement or the new owner A document that sets out what a person wants to happen to their money and other property after they die. become responsible.
Under section 28(2) of the OC Act, a member of an owners corporation is not liable to pay or contribute to funds of an owners corporation exceeding the member’s lot liability. The section prevents the making of any resolution or rule that imposes a fine or administration fee or (1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A personal property security. (3) A judge’s directions to a jury at the end of a case. to an individual lot owner. It does not apply in circumstances where repairs, Money paid to a person to financially support them. When a couple has separated both parents have a duty to support their children, and a court can order a parent to make regular payments to support the children. Maintenance for a spouse is now less common, and must be applied for within 12 months of a divorce. It is usually covered in a final settlement of all property. or other works are undertaken wholly or substantially for the benefit of some, or one, but not all of the lots affected by the owners corporation (s 28(3)) and that may include special levies for extraordinary items of expenditure (for an example, see ‘Insurable risk’, below).