Information about the Owners Corporation, the Committee, and our Rules.
What is an Owners Corporation?
An Owners Corporation (OC) is a legal entity, the members of which are the owners’ of lots (in our case apartments) within a subdivision which includes common property. The OC manages the common property. An OC used to be called a Body Corporate, the name changed as a consequence of new legislation introduced in 2007.
Overarching responsibility for management of the OC is the responsibility of Owners Corporation Committee (OCC) made up of owners elected to the committee at the AGM.
In our case the Owners Corporation engages contractors to assist the Committee in the day-to-day operation of the OC, they are Kevin Charles our Building Manager, John Krithararis our Cleaner and VBCS our Owners Corporation Manager which is broadly responsible for all the legal and financial aspects of the operation of the OC.
Consumer Affairs Victoria’s website provides useful information about the Owners Corporations. Link to Owners Corporations at Consumer Affairs.
What are the Responsibilities of the Owners Corporation?
The responsibilities of an OC are established by the Owners Corporations Act 2006 and associated regulations. An owners corporation must:
- manage and administer the common property
- repair and maintain the common property, fixtures and services
- take out and maintain required insurance
- raise fees from the lot owners to meet financial obligations
- prepare financial statements and keep financial records
- provide owners corporations certificates when requested
- keep an owners corporation register
- establish a grievance procedure. and
- ensure compliance with the Act, the Regulations and the Rules.
Common Property
Common property is whatever it is stated to be on the plan of subdivision and may include gardens, passages, walls, stairwells, pathways, driveways, lifts, foyers and fences. In our case, common property can be described as being all those parts of the land and building that are not within a lot (apartment) or an accessory lot (car space).
Services to Owners and Occupiers
The Owners Corporation has for many years provided services to owners and occupiers of apartments. The services are the maintenance of the exterior of the building (primarily a regular program of painting) and the repair of water leaks (primarily leaks occurring in pipes imbedded within a floor slab or within a services riser). The service in relation to the maintenance of the exterior of the building is very old, being adopted at second General Meeting of the OC in 1970. In the current legislation, the relevant provisions governing services are found in Division 2 of the Owners Corporations Act 2006.
Owners Corporation Rules.
Under the legislation governing Owners Corporations all OCs have Rules, in our case our Rules were rewritten in 2014 and amended in 2015. Rules focus on the management and day-to-day enjoyment of both common property and lots (apartments and car spaces). Link to our Owners Corporations Rules!
The Rules apply to, the owners corporation, lot owners, tenants, sub-lessees, and occupiers or tenants. Rules are enforceable at the Victorian Civil and Administrative Tribunal (VCAT).
The Top Seven Rules
Miami Towers is satisfactorily boring, disputes between residents or residents and the OC about conduct, and compliance with the rules more particularly, are almost non-existent. However, the following topics, which are also dealt with in our rules, are probably those which most often lead to discussions between residents and the Building Manager.
- The right to Peace and Quiet (Section 5 of the Rules).
- The requirement for permission from the OC to undertake a renovation. (Section 4.2 of the Rules).
- The discharge of water from balconies, usually related to air-conditioners or pot plants. (Section 5.4 of the Rules).
- The preservation of the appearance and character of the building. (Sections 4.2(3), 4.2(4), and 5.3(2) of the Rules).
- The requirement that car spaces only be used for the storage of vehicles – bicycles to SUVs. (Section 4.1(4)of the Rules).
If you have a need to do something which would normally be inconsistent with the rules it is always worthwhile having a conversation with our Building Manager who in turn can have a discussion with the OCC. It is our aim to wherever possible reach an amicable conclusion with our residents.