Owners Corporations Act 2006

In this Act—

S. 3 def. of agent provider inserted by No. 34/2018 s. 4.

agent provider means a person who, for a fee, arranges and manages short-stay accommodation on behalf of a lot owner, lessee or sub-lessee;

amend in relation to a rule, includes add to or replace;

approved form means form approved by the Director under section 200;

bank account means an account with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

building includes—

S. 3 def. of Building Code of Australia inserted by No. 34/2018 s. 4.

Building Code of Australia has the same meaning as it has in section 3(1) of the Building Act 1993;

business day means a day that is not—

Business Licensing Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

common property means land shown as common property on a plan of subdivision or a plan of strata or cluster subdivision;

Council means the Council of the municipal district in which the land in the plan is located;

CPA Australia means CPA Australia A.C.N. 008 392 452;

S. 3 def. of Director amended by No. 21/2012 s. 239(Sch. 6 item 33.1).

Director has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012;

S. 3 def. of externally administered body corporate amended by No. 46/2025 s. 31(1).

externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;

function includes duty and authority;

S. 3 def. of guest inserted by No. 4/2021 s. 3(1).

guest does not include a contractor or a tradesperson engaged by the occupier of a lot;

S. 3 def. of hotel and resort management contract inserted by No. 4/2021 s. 3(1).

hotel and resort management contract means, in relation to a hotel, resort or serviced apartment complex on land affected by an owners corporation—

Example

Office, storage area or reception area.

S. 3 def. of inspector amended by No. 21/2012 s. 239(Sch. 6 item 33.2).

inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

land includes buildings and airspace;

land affected by an owners corporation means the lots the owners for the time being of which are members of the owners corporation together with the common property for which the owners corporation is responsible;

Licensing Registrar means the Registrar of the Business Licensing Authority appointed under the Business Licensing Authority Act 1998;

limited owners corporation has the same meaning as it has in the Subdivision Act 1988;

lot has the same meaning as it has in the Subdivision Act 1988;

lot affected by an owners corporation means a lot the owner for the time being of which is a member of the owners corporation;

lot entitlement in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation;

lot liability in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation which the lot owner is obliged to pay;

lot owner, in relation to an owners corporation, means an owner of a lot affected by the owners corporation;

S. 3 def. of non–occupiable lot inserted by No. 4/2021 s. 3(1).

non-occupiable lot means—

S. 3 def. of occupiable lot inserted by No. 4/2021 s. 3(1).

occupiable lot means a lot that is ordinarily used for residential or business purposes;

S. 3 def. of ordinary resolution inserted by No. 2/2008 s. 12(1).

ordinary resolution means a resolution other than a special resolution or a unanimous resolution;

owner has the same meaning as it has in the Subdivision Act 1988;

owners corporation means a body corporate which is incorporated by registration of a plan of subdivision or a plan of strata or cluster subdivision;

owners corporation register means the register kept by an owners corporation in accordance with section 147;

plan of subdivision has the same meaning as plan has in the Subdivision Act 1988;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. 121.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of prescribed owners corporation repealed by No. 4/2021 s. 3(2).

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Register means the Register under the Transfer of Land Act 1958;

registered manager means a manager registered under Part 6;

Registrar has the same meaning as it has in the Transfer of Land Act 1958;

rules in relation to an owners corporation, means the rules of the owners corporation for the time being in force;

S. 3 def. of services only owners corporation inserted by No. 4/2021 s. 3(1).

services only owners corporation means an owners corporation for a subdivision that has no land or building that is designated as the common property and either—

S. 3 def. of short-stay accommo-dation inserted by No. 34/2018 s. 4.

short-stay accommodation means accommodation provided under a short-stay accommodation arrangement;

S. 3 def. of short-stay accommo-dation arrangement inserted by No. 34/2018 s. 4, amended by No. 40/2024 s. 24.

short-stay accommodation arrangement means a lease or licence for a continuous period of less than 28 days to occupy a lot or part of a lot affected by an owners corporation that is—

(a) in a building wholly classified as a Class 2 building in Part A3.2 of Volume One of the Building Code of Australia; or

(b) in the case of a building where only part of that building is classified as a Class 2 building in Part A3.2 of Volume One of the Building Code of Australia—in that part of the building;

S. 3 def. of short-stay occupant inserted by No. 34/2018 s. 4.

short-stay occupant means a person who occupies a lot or part of a lot under a short-stay accommodation arrangement;

S. 3 def. of short-stay provider inserted by No. 34/2018 s. 4.

short-stay provider means—

(b) a lessee or sub-lessee of the owner of a lot or part of a lot that is leased or licensed by the lessee or sub-lessee to a person under a short-stay accommodation arrangement; or

S. 3 def. of tier five owners corporation inserted by No. 4/2021 s. 3(1).

tier five owners corporation has the meaning given by section 7(6);

S. 3 def. of tier four owners corporation inserted by No. 4/2021 s. 3(1).

tier four owners corporation has the meaning given by section 7(5);

S. 3 def. of tier one owners corporation inserted by No. 4/2021 s. 3(1).

tier one owners corporation has the meaning given by section 7(2);

S. 3 def. of tier three owners corporation inserted by No. 4/2021 s. 3(1).

tier three owners corporation has the meaning given by section 7(4);

S. 3 def. of tier two owners corporation inserted by No. 4/2021 s. 3(1).

tier two owners corporation has the meaning given by section 7(3);

S. 3 def. of 2–lot subdivision inserted by No. 4/2021 s. 3(1).

2-lot subdivision means an owners corporation comprising of 2 occupiable lots;

unlimited owners corporation has the same meaning as it has in the Subdivision Act 1988.