Monday, September 28, 2020

Owners Corporation Act 2006

Part 11
Division 1A
Section 169H

Joint and several liability of short-stay provider and short-stay occupant | Section 169H

(1)     A short-stay provider and a short-stay occupant are jointly and severally liable for satisfying any order made under—

(a)     section 165(1)(c) to compensate for loss or damage incurred as a result of the short-stay occupant 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; or

(b)     section 165(1)(j) to rectify loss or damage incurred as a result of the short-stay occupant 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; or

(c)     section 169E to compensate for loss of amenity; or

(d)     section 169G to pay a civil penalty.

(2)     Where a lot owner has appointed an agent provider—

(a)     subsection (1) does not apply to an agent provider; and

(b)     the lot owner and the short-stay occupant are jointly and severally liable instead for satisfying any order referred to in subsection (1).

(3)     Despite subsection (1), a short-stay provider
is not liable for satisfying a loss of amenity compensation order under section 169E if VCAT is satisfied that the short-stay provider took all reasonable steps to prevent any relevant breach by a short-stay occupant of the proscribed conduct specified in section 159A(2).

© 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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