Monday, September 28, 2020

Owners Corporation Act 2006

Part 3
Division 5
Section 48

Lots not properly maintained | Section 48

(1)     If a lot owner has refused or failed to carry out repairs, maintenance or other works to the lot owner’s lot that are required because—

(a)     the outward appearance or outward state of repair of the lot is adversely affected; or

(b)     the use and enjoyment of the lots or common property by other lot owners is adversely affected—

the owners corporation may serve a notice on the lot owner requiring the lot owner to carry out the necessary repairs, maintenance or other works.

(2)     If a lot owner has been served with a notice under subsection (1), the lot owner must carry out the repairs, maintenance or other works required by the notice within 28 days of the service of the notice.

(3)     If a lot owner has been served with a notice under subsection (1) and has not complied with the notice within the required time, the owners corporation may carry out the necessary repairs, maintenance or other works to the lot.

S. 48(4) inserted by No. 78/2013 s. 5.

(4)     An owners corporation may recover as a debt from a lot owner the cost of repairs, maintenance or other works carried out under subsection (3).

S. 49 substituted by No. 78/2013 s. 6.

© 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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