Special Rules – they might be made by the owners corporation but are they valid?

An owners corporation has the power to make special rules under s138 of the Owners Corporation Act through a special resolution.  Special rules are required to be lodged with the Registrar of Titles (s142 of the Act) and can therefore be found on the Register by prospective purchasers.

Importantly, making rules by special resolution and placing those rules on the Register does not mean those rules are necessarily valid.  Continue reading

Short stay accommodation

The Independent Panel on short-stay accommodation’ has published its final report. The Panel made recommendations that:

  • OCs be able to serve a ‘notice to rectify breach’ on the person offering the accommodation (whether the owner of the property, the lessee or agent) regarding breach of OC rules by short-stay occupants; and
  • VCAT be able to make an order on the breach notice that the apartment is not allowed to be used for short-term stays for a period of time, or until it is sold.

Continue reading