Owners Corporations Car Stackers, Online Info Land Victoria October 2013 Disclaimer The content of this Land Victoria presentation is provided for information purposes only. No claim is made as to the accuracy of its content. Under no circumstances will Land Victoria, its agents or employees be liable for the accuracy of the information contained in this presentation nor for the use or reliance placed on it. The information is provided on the basis that all persons accessing the presentation undertake responsibility for assessing the relevance and accuracy of its content. Land Victoria does not endorse any of the other information contained elsewhere in this website. Copyright Apart from fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968, no part of this presentation may be reproduced, copied, transmitted in any form or by any means (electronic, mechanical or graphic) without the prior written permission of the State of Victoria. All requests and enquiries should be directed to Land Victoria.

Single Owners Corporations Simple example: – 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 Road

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 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) The purpose of Owners Corporation No. 1 PS799999D is to manage the land affected by the Owners Corporation.

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) The purpose of Owners Corporation No. 1 PS799999D is to manage the land affected by the Owners Corporation and to manage the common services within the land. 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) The purpose of Owners Corporation No. 1 PS799999D is to manage the Common Property and the common services within land affected by the Owners Corporation. 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 _____________________________________________________________________ The purposes of the Owners Corporation are: (Section 27C(2) Subdivision Act 1988) The purpose of Owners Corporation No. 1 PS799999D is to manage the Common Property and the common services within land affected by the Owners Corporation. OC Schedule Examples OCAI Form ____________________________________________________________________ Details of the limitations where the Owners Corporation is limited other than as to common property: (Regulation 15 Subdivision (Registrar's Requirements) Regulations 2011) Limited to the management the Common Property and the common services within land affected by the Owners Corporation.

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 Common Property No.1 Road OC 1 Unlimited Lots 1-3 & CP ● Owns CP OC 2 Limited to CP Lots 2 3 & CP ● Use of CP

Multiple Common Properties CP 2 CP 3 Common Property No.1 Road OC1 Unlimited Lots 1-4 & CP 1-3 ● Owns all Common Properties OC3 Limited to CP 3 Lots 3 4 & CP 3 ● Use of CP 3 OC2 Limited to CP 2 Lots 1 2 & CP 2 ● Use of CP 2

Services scenario Common Property No.1 Road Services OC1 Unlimited Lots 2, 3 & CP ● 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

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?

2 3 Common Property No.1 Stage Plans (Sec. 37) and OC’s 1 Road OC1 - Limited (Stage 1) Lots 1 & S2 ● Manage services OC2 Unlimited Lots 2-3 & CP ● Owns CP OC1 - Limited (Stage 2) Lots 1, 2, 3 & CP ● Use of CP?? S2

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 Lot 2 E Common Property No.1 Cross Section A-A’ Common Property No.1 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: Interior Face: All Boundaries A A’ CP No Diagram 1: Upper Basement A 2 4 Diagram 2: Lower Basement E-1 A’ CP No.1 Lot 1 Lot 2 E Common Property No.1 Cross Section A-A’ (Typical for Lots 3 & 4) Common Property No

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