Friday, September 25, 2020

Owners Corporation Act 2006

Part 3
Division 5
Section 47

Owners corporation must repair and maintain services | Section 47

(1)     An owners corporation must repair and maintain a service in or relating to a lot that is for the benefit of more than one lot and the common property.

(2)     An owners corporation may, at the request and expense of a lot owner, repair and maintain a service in or relating to a lot if it is impracticable for the lot owner to repair or maintain that service.

(3)     In this section—

“service” includes a service for which an easement or right is implied over the land affected by the owners corporation or for the benefit of each lot and any common property by section 12(2) of the Subdivision Act 1988 .

Note

The easements or rights that may be implied under section 12(2) of the Subdivision Act 1988 are those necessary to provide—

•     support, shelter or protection;

•     passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission);

•     rights of way;

•     full, free and uninterrupted access to and use of light for windows, doors or other openings;

•     maintenance of overhanging eaves.

© 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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