Friday, September 18, 2020

Owners Corporation Act 2006

Part 10
Division 1A
Section 159A

Complaints—short-stay accommodation arrangements | Section 159A

(1)     An owner of a lot, an occupier of a lot or a manager may make a complaint to the owners corporation about an alleged breach by a short‑stay occupant of the conduct proscriptions applying to short‑stay accommodation arrangements.

(2)     For the purposes of subsection (1), a short-stay occupant breaches a conduct proscription applying to a short-stay accommodation arrangement by engaging in any of the following conduct—

(a)     unreasonably creating any noise likely to substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot (other than the making of noise where the owners corporation has given written permission
for that noise to be made);

(b)     behaving in a manner likely to unreasonably and substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot;

(c)     using a lot or the common property, or permitting a lot or the common property to be used, so as to cause a substantial hazard to the health, safety and security of any person or an occupier;

(d)     unreasonably and substantially obstructing the lawful use and enjoyment of the common property by an occupier or a guest of an occupier;

(e)     substantially damaging or altering—

(i)     a lot or the common property, intentionally or negligently; or

(ii)     a structure that forms part of a lot or the common property, intentionally or negligently.

(3)     A complaint must be made in writing in the approved form.

(4)     An owners corporation must make a copy of the approved form available at the request of a person who wishes to make a complaint under this section.

(5)     A complaint cannot be made under this section in relation to a personal injury.

S. 159B inserted by No. 34/2018 s. 5.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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