documents_1384814620

Report
Owners
Corporations
Car Stackers,
Online Info
Land Victoria
October 2013
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requests and enquiries should be directed to Land Victoria.
Single Owners Corporations
Road
– Lots 1, 2, 3 & CP No.1
• How the OC is set up
depends on needs of
the development
– Including future
development!
Common Property No.1
• Simple example:
1
2
3
Three options for Owners
Corporations
• Unlimited:
– No limitations on how Owners Corporation Act applies
• Limited:
– Defines a limitation. Powers of the OC Act apply in respect
to that limitation
– Limited Owners Corporation still has all the functions and
responsibilities as per the OC Act
• Limited to Common Property:
– Same as for Limited, with the additional step that Sections
48-51 of the OC Act do not apply (no access of Lots for
maintenance & repairs etc.)
OC Additional Information form
• All new OC’s must have an OCAI form
prepared and lodged with the plan
– Lodging Party prepares with application form
• Contains information as prescribed by the Sub
Act and OC Regs
– Address for OC
– Purpose of OC
– Basis for allocation of Entitlement and Liability
– Details of any Limitations (Limited OC’s)
Owners Corporation Purposes
• All Owners Corporations must specify the
purposes of the OC on the OCAI form
• There is no requirement for a purpose to appear
on an OC Schedule
– Can be helpful to Lodging Party, or clarify a Limited OC
• The purpose will be in the context of the Owners
Corporation, its limitations and whether Common
Property exists
Limited Owners Corporations
• Must define what the limitation is
• The purpose(s) of the OC must be in the
context of that limitation
• If Common Property exists in the OC, the
purpose of the OC must address the
management and use of the CP
– This does not automatically imply “Limited to
Common Property”
Limited to Common Property
• When an Owners Corporation is Limited to
Common Property, Sections 48 to 51 of the OC
Act do not apply
– 48: Lots not properly maintained (OC can serve notice
and do repairs if nothing done)
– 49: Cost of repairs (recover costs done by Section 48)
– 50: OC can authorise a person to enter a Lot (for
repairs done under Section 47 or 48)
– 51: Notice of entry to Lots (7 days, or an emergency)
Owners Corporations and Services
• Section 12(2) Subdivision Act applies to all
plans affected by an Owners Corporation
• Section 47 of the Owners Corporation Act
applies to all Owners Corporations:
– OC must maintain ‘services’ that benefit more
than one Lot and CP
– An owner can ask the OC to do repairs if they can
not
– Services are defined as per Section 12(2)
OC Schedule Examples
LOTS 1, 2, 3 & Common Property No.1
Unlimited
OCAI Form
_____________________________________________________________________
The purposes of the Owners Corporation are: (Section 27B(2) Subdivision Act 1988)
1
50
50
The purpose
No. 1 PS799999D is to manage the land affected
2 of Owners
50Corporation50
by the Owners Corporation.
3
50
50
OC Schedule Examples
LOTS 1, 2, 3 & Common Property No.1
Unlimited
The purpose of Owners Corporation No.1 is to manage
the common services
OCAI Form
_____________________________________________________________________
The purposes of the Owners Corporation are: (Section 27B(2) Subdivision Act 1988)
1
50
50
The purpose
No. 1 PS799999D is to manage the land affected
2 of Owners
50Corporation50
by the Owners Corporation and to manage the common services within the land.
3
50
50
OC Schedule Examples
LOTS 1, 2, 3 & Common Property No.1
Limited to Common Property
The purpose of Owners Corporation No.1 is to manage
the common services
OCAI Form
_____________________________________________________________________
The purposes of the Owners Corporation are: (Section 27C(2) Subdivision Act 1988)
1
50
50
The purpose2 of Owners50Corporation 50
No. 1 PS799999D is to manage the Common
Property and the common services within land affected by the Owners Corporation.
3
50
50
OC Schedule Examples
LOTS 1, 2, 3 & Common Property No.1
Limited
The purpose of Owners Corporation No.1 is to manage
the common services
OCAI Form
____________________________________________________________________
OCAI
Form
Details of the limitations where the Owners Corporation is limited other than as to
_____________________________________________________________________
common
property:
15 Subdivision
(Registrar's
Requirements)
The
purposes
of the(Regulation
Owners Corporation
are: (Section
27C(2)
Subdivision Act 1988)
1
50
50
Regulations 2011)
Limited
to the
the Common
andisthe
commonthe
services
within
The
purpose
Owners50Corporation
No. 1 Property
PS799999D
to manage
Common
2 ofmanagement
50
land affected
by the
Owners
Corporation.
Property
and the
common
services
within land affected by the Owners Corporation.
3
50
50
Multiple Owners Corporations
The basic rules?
• A lot must not be affected by more than one
Unlimited Owners Corporation
• Section 27D(1)
• A lot must not be affected by more than one
Owners Corporation unless at least one is an
Unlimited Owners Corporation
• Section 27D(2)
Multiple Owners Corporations
• Where Owners Corporations overlap,
conditions for Ownership and Use of the
Common Property must be satisfied
• Ownership of the Common Property
– Section 30 Subdivision Act
– Unlimited OC
• Use of the Common Property
– Section 27C(3) Subdivision Act
– Members of Limited OC’s are entitled to use any
Common Property in that OC
Multiple OC’s - Common Scenario
OC 1 Unlimited
 Lots 1-3 & CP
● Owns CP
OC 2 Limited to CP
 Lots 2 3 & CP
● Use of CP
Common Property No.1
Road
1
2
3
Multiple Common Properties
Road
● Owns all Common
Properties
OC2 Limited to CP 2
 Lots 1 2 & CP 2
● Use of CP 2
OC3 Limited to CP 3
 Lots 3 4 & CP 3
● Use of CP 3
Common Property No.1
OC1 Unlimited
 Lots 1-4 & CP 1-3
1
CP 2
2
3
CP 3
4
Road
● Owns CP, Uses CP
OC2 Limited (Services)
 Lots 1-3
● Manage services
No Common Property in the Limited OC:
• Ownership and Use not an issue
Common Property No.1
OC1 Unlimited
 Lots 2, 3 & CP
1
2
3
Services
Services scenario
Stage Plans (Sec. 37) and OC’s
• A second or subsequent stage plan may add
new lots to an OC even if the S Lot was not a
member of that OC
• If a stage lot is a member of an OC, not all
subsequent lots need to be in the OC, but at
least one must
• A second or subsequent stage plan may add to
Common Property, but may not affect CP in
any other way
Stage Plans (Sec. 37) and OC’s
• Second or subsequent stages may only create
Common Property or Owners Corporations
with respect to land in that stage
• Problems arise if the first stage only created a
Limited Owners Corporation
– Ownership?
– Use of Common Property?
Stage Plans (Sec. 37) and OC’s
OC1 - Limited (Stage 1)
 Lots 1 & S2
OC2 Unlimited
 Lots 2-3 & CP
● Owns CP
OC1 - Limited (Stage 2)
 Lots 1, 2, 3 & CP
● Use of CP??
Common Property No.1
● Manage services
Road
1
2
S2
3
Car Stackers - LV Legal direction
• Boundaries for Lots or Part Lots must be
shown and correct
– Metes and Bounds, Building boundaries,
upper/lower boundaries fixed
• Easements must have a valid purpose (e.g.
Carriageway)
– Qualifications can be added but not too
descriptive (e.g. Carriageway for ingress and
egress of vehicle stacking mechanism)
Car Stackers - LV Legal direction
• The car stacking mechanism may be included
in the Common Property “inclusion”
statement
– E.g. All internal columns ducts shafts…and car
stacker mechanisms…are deemed to be part of CP
No.1… The positions…have not been shown etc
• Notations about the car stacker are not to be
present on the plan or cross section view
Car Stackers: Example
Lot 1
1.53
1.53
Common Property No.1
E-1
Lot 2
Common Property No.1
Cross Section A-A’
• Boundaries are
shown and correct
– Building boundaries,
upper/lower
boundary between
Lot 1 & 2 fixed
• Easements have a
valid purpose
– Eg. Carriageway in
favour of Lot 1
Car Stackers: Example
Plan View:
1.53
Lot 1
1.53
1.80
E-1
1.80
A
Common Property No.1
Interior Face:
All Boundaries
Diagram 1:
Upper
Basement
3
1
A’ A
CP No.1
Lot 2
Common Property No.1
2
4
E-1
E-1
A’
Cross Section A-A’
(Typical for Lots 3 & 4)
Diagram 2:
Lower
Basement
CP No.1
Land Victoria– Online Examples
• Plan of Subdivision examples online:
–
–
–
–
–
32AI, 32A, 32B and 32
Overlapping easements
Building subdivision and cross section
Stage Plans
Coming soon – Section 35
• Other Information online
–
–
–
–
–
Owners Corporations
Building subdivision guidelines
Acceptable easement purposes
Non-survey guidelines
Interpreting Strata Plans
Excess Land and Subdivisions
• Excess land can be taken up as part of a survey
to support a subdivision/consolidation
• There are some risks:
– Plan may be delayed
– Land may be a road/reserve/drain etc
– Thorough check of title history is required to
ensure there are no strip titles or NUA
– Registrar’s powers are discretionary
• Pre exam of surveys/plans are not possible
due to lack of staff
Excess Land and Subdivisions
• Survey must be no older than 2 years
– Survey can only take up what has been exclusively
occupied for at least 15 years
– Surveyor must report on the age of the
occupation, condition and history
• A BP may not be appropriate to take up excess
– Only minor amendments to title may be accepted
– Surveyor should consider if a Section 103 TLA
application is more appropriate
Questions ?
The End

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