{"id":"company-titles-home-units-act-2013","name":"Company Titles (Home Units) Act 2013","slug":"company-titles-home-units-act-2013","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176277,"registerId":"vic-company-titles-home-units-act-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Company Titles (Home Units) Act 2013","content":"Version No. 002\n\n**Company Titles (Home Units) Act 2013**\n\n**No. 19 of 2013**\n\nVersion incorporating amendments as at  \n1 December 2014\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Neighbourhood matter 3\n\n5 Neighbourhood dispute 3\n\nPart 2—VCAT Jurisdiction over Neighbourhood Disputes 5\n\n6 VCAT may hear and determine neighbourhood disputes 5\n\n7 Applicants 5\n\n8 Orders 5\n\n9 Penalty for breach of rule 7\n\n10 Factors that VCAT must consider 7\n\n11 Monetary orders 8\n\n12 More appropriate forum 8\n\n13 Rule or term of no effect if inconsistent with Act 9\n\n14 Displacement provisions 10\n\nPart 3—General 11\n\n15 Court jurisdiction 11\n\n16 Money to be paid to Victorian Property Fund 11\n\n17 Supreme Court—Limitation of jurisdiction 11\n\n18 Regulations 11\n\n__________________\n\nSCHEDULE—Neighbourhood Matters 14\n\n1 Health, safety and security 14\n\n2 Residual land 14\n\n3 Units—in building subdivisions or forming part of land owned  \nby company title corporations 15\n\n4 Units—forming part of land owned by company title corporations 15\n\n5 Design 16\n\n6 Behaviour of persons 16\n\n7 Dispute resolution 16\n\n8 Notices and documents 16\n\n═══════════════\n\nENDNOTES 17\n\n1. General Information 17\n\n2. Table of Amendments 18\n\n3. Explanatory Details 19\n\n**Version No.** **002**\n\n**Company Titles (Home Units) Act 2013**\n\n**No. 19 of 2013**\n\nVersion incorporating amendments as at  \n1 December 2014\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe main purpose of this Act is to confer jurisdiction on VCAT to hear and determine neighbourhood disputes affecting company title corporations and service companies for building subdivisions.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 December 2013, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***building*** has the same meaning as in the **Subdivision Act 1988**;\n\n***building subdivision*** means the subdivision of a building or buildings in accordance with a plan of subdivision approved by the Registrar under the **Transfer of Land Act 1958**;\n\n***company*** means a company registered under the Corporations Act;\n\n***company title corporation*** means a company that is the registered proprietor of land if ownership of a share or shares in that company entitles the owner of the share or shares to the exclusive use and occupation of a specified part of the land but does not include an owners corporation within the meaning of the **Owners Corporations Act 2006**;\n\n***Director*** has the same meaning as in the **Australian Consumer Law and Fair Trading Act 2012**;\n\n***neighbourhood dispute*** has the meaning set out in section 5;\n\n***neighbourhood matter*** has the meaning set out in section 4;\n\n***Registrar*** has the same meaning as in the **Transfer of Land Act 1958**;\n\n***residual land*** means—\n\n(a) in relation to land owned by a company title corporation which contains units, any area of the land which is not a unit; or\n\ns. 3\n\n(b) in relation to a building subdivision, all the land comprised in the subdivision that is not included in any of the several stratum estates;\n\n***rule***, in relation to a company title corporation or service company, means—\n\n(a) a clause of the constitution of the company title corporation or service company;\n\n(b) a by-law, rule or regulation made by the company title corporation or service company in accordance with its constitution—\n\nbut does not include a term of a service agreement of the service company;\n\n***service agreement*** has the same meaning as in the **Transfer of Land Act 1958**;\n\n***service company*** has the same meaning as in the **Transfer of Land Act 1958**;\n\n***shareholder*** means a person who owns a share or shares in a company title corporation or a service company;\n\n***stratum estate*** has the same meaning as in the **Transfer of Land Act 1958**;\n\n***unit*** means*—*\n\n(a) in relation to land owned by a company title corporation, a specified part of that land to which a shareholder is entitled to exclusive use and possession by reason of his or her ownership of a share or shares in the corporation;\n\n(b) in relation to a building subdivision, an allotment shown on the plan of subdivision.\n\n\t4 Neighbourhood matter\n\ns. 4\n\nFor the purposes of this Act, a neighbourhood matter is any matter that is set out in the Schedule.\n\n\t5 Neighbourhood dispute\n\n(1) Subject to subsection (3), for the purposes of this Act a neighbourhood dispute is a dispute that—\n\n(a) relates only to a neighbourhood matter or matters; and\n\n(b) affects a company title corporation or a service company.\n\n(2) For the purposes of subsection (1), a dispute affecting a company title corporation or a service company includes, but is not limited to, a dispute as to whether an obligation imposed by a rule of a company title corporation or service company or by a term of a service agreement has been met.\n\n(3) A neighbourhood dispute does not include a dispute—\n\n(a) relating to the sale, transfer or forfeiture of a share or shares in a company title corporation or service company; or\n\n(b) relating to the lease of a unit that is part of land owned by a company title corporation; or\n\n(c) relating to a licence to use a unit that is part of land owned by a company title corporation; or\n\n(d) relating to the winding up of a company title corporation or service company; or\n\ns. 5\n\n(e) in relation to which a party to the dispute claims relief under Part 2F.1 of the Corporations Act.\n\n__________________\n\nPart 2—VCAT Jurisdiction over Neighbourhood Disputes\n\n\t6 VCAT may hear and determine neighbourhood disputes\n\ns. 6\n\nSubject to this Act, VCAT may hear and determine a neighbourhood dispute.\n\n\t7 Applicants\n\nThe following persons may apply to VCAT to resolve a neighbourhood dispute—\n\n(a) a shareholder or former shareholder;\n\n(b) a company title corporation;\n\n(c) a service company;\n\n(d) an occupier or former occupier of a unit that is part of land owned by a company title corporation;\n\n(e) an occupier or former occupier of a unit in a building subdivision;\n\n(f) a mortgagee of a unit in a building subdivision.\n\n\t8 Orders\n\n(1) Subject to subsection (2), in determining a neighbourhood dispute VCAT may make any order it considers fair, including one or more of the following—\n\n(a) an order requiring a party to do or refrain from doing something;\n\n(b) an order requiring a party to comply with this Act, a rule of a company title corporation or service company or a term of a service agreement;\n\n(c) an order for the payment of a sum of money—\n\n(i) found to be owing by one party to another party;\n\n(ii) by way of damages (including exemplary damages and damages in the nature of interest);\n\n(iii) by way of restitution;\n\ns. 8\n\n(d) an order varying any term of a contract or agreement (other than a rule of a company title corporation or service company);\n\n(e) an order declaring that any term of a contract or agreement (other than a rule of a company title corporation or service company) is, or is not, void;\n\n(f) an order declaring the meaning of a rule of a company title corporation or service company or term of a service agreement that relates to a neighbourhood matter;\n\n(g) an order in relation to damaged or destroyed buildings or improvements;\n\n(h) an order as to the payment of insurance money under any policy taken out by a company title corporation or service company.\n\n(2) An order cannot be made under subsection (1) that—\n\n(a) alters a person's shareholding in a company title corporation or service company; or\n\n(b) winds up a company title corporation or service company; or\n\n(c) alters the composition of the board of directors of a company title corporation or service company.\n\n(3) In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the **Penalty Interest Rates Act 1983** or on any lesser rate it thinks appropriate.\n\n(4) VCAT may make any interim orders and ancillary orders it thinks fit in relation to a neighbourhood dispute.\n\n(5) In this section, ***party*** means a party to a neighbourhood dispute being heard and determined by VCAT.\n\n\t9 Penalty for breach of rule\n\ns. 9\n\nIf VCAT determines that a person has failed to comply with a rule of a company title corporation or service company relating to a neighbourhood matter that imposes a binding obligation on that person, VCAT may make an order imposing a civil penalty not exceeding $250.\n\n**Note**\n\nThe penalties imposed under this section will be paid into the Victorian Property Fund.\n\n\t10 Factors that VCAT must consider\n\nVCAT, in making an order, must consider the following—\n\n(a) the conduct of the parties;\n\n(b) an act or omission or proposed act or omission by a party;\n\n(c) the impact of a resolution or proposed resolution of a company title corporation or service company on the shareholders as a whole;\n\n(d) whether a resolution or proposed resolution of a company title corporation or service company is oppressive to, unfairly prejudicial to or unfairly discriminates against a shareholder or shareholders;\n\n(e) any other matter VCAT thinks relevant.\n\n\t11 Monetary orders\n\ns. 11\n\nIf VCAT makes an order under section 8 relating to the payment of money by a company title corporation or service company, it may by order—\n\n(a) direct that any money (including expenses and costs) payable must be paid from contributions from the corporation's or company's shareholders levied in the proportions specified in the order; and\n\n(b) direct the corporation or company to levy contributions in accordance with the order; and\n\n(c) prohibit the corporation or company from levying a contribution from another party to the dispute.\n\n\t12 More appropriate forum\n\n(1) This section applies if a person—\n\n(a) commences proceedings in a court; and\n\n(b) the proceedings arise wholly from a neighbourhood dispute in respect of which VCAT has jurisdiction under this Act.\n\n(2) The court must stay the proceedings if—\n\n(a) the proceedings could be heard by VCAT under this Act; and\n\n(b) the court is satisfied that the proceedings would be more appropriately dealt with by VCAT.\n\n(3) In determining whether proceedings would be more appropriately dealt with by VCAT, the court must consider—\n\n(a) whether, having regard to the likely costs and duration of the proceedings and any other matters the court considers relevant, a party is reasonably likely to gain a material advantage if the proceedings are determined by VCAT; and\n\n(b) whether that advantage is outweighed by a material disadvantage that would be reasonably likely to be suffered by another party if the proceedings were determined by VCAT.\n\n(4) If proceedings are stayed under this section, any party to the proceedings may apply to VCAT for an order with respect to the dispute or matter on which the proceedings were based.\n\n\t13 Rule or term of no effect if inconsistent with Act\n\ns. 13\n\nA rule of a company title corporation or service company or a term of a service agreement is of no effect if—\n\n(a) it is inconsistent with or limits a right or avoids an obligation under this Act; or\n\n(b) it unfairly discriminates against a shareholder or an occupier of a unit.\n\n\t14 Displacement provisions\n\ns. 14\n\nSections 12 and 13 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act.\n\n**Note**\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\n__________________\n\nPart 3—General\n\n\t15 Court jurisdiction\n\ns. 15\n\nNothing in this Act is intended to prevent a court exercising jurisdiction conferred under the Corporations Act in relation to a dispute that relates to a neighbourhood matter.\n\n\t16 Money to be paid to Victorian Property Fund\n\nAll penalties, including civil penalties, payable under this Act must be paid into the Victorian Property Fund established under the **Estate Agents Act 1980**.\n\n\t17 Supreme Court—Limitation of jurisdiction\n\nIt is the intention of section 12 to alter or vary section 85 of the **Constitution Act 1975**.\n\n\t18 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to providing for any matter that is authorised or required to be prescribed or necessary to be prescribed to carry out this Act.\n\n(2) The regulations may—\n\n(a) differ according to differences in time, place and circumstance; and\n\n(b) leave any matter to be determined by the Director.\n\n(3) The regulations may apply, adopt or incorporate any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(a) wholly or partially or as amended by the regulations; or\n\n(b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(c) as formulated, issued, prescribed or published from time to time.\n\ns. 18\n\n__________________\n\nPt 4 (Heading and ss 19–21) repealed by No. 19/2013 s. 21.\n\n* * * * *\n\ns. 19\n\n__________________\n\nSCHEDULE\n\nSch.\n\nNeighbourhood Matters\n\n\t1 Health, safety and security\n\n1.1 Health, safety and security of shareholders, occupiers of units and their invitees in units or on residual land.\n\n1.2 Safety of children, including their exclusion from areas that may be unsafe for them or restricting activities that may be unsafe on land owned by the company title corporation or service company.\n\n1.3 Storage of flammable liquids and other dangerous substances and materials in units or on residual land.\n\n1.4 Waste disposal by a company title corporation or a service company.\n\n\t2 Residual land\n\n2.1 Use of residual land.\n\n2.2 Use of equipment, services and amenities on residual land.\n\n2.3 Parking on residual land.\n\n2.4 Vehicle access to residual land and units.\n\n2.5 Drying of laundry on residual land or external or visible areas of units.\n\n2.6 Repair and maintenance of residual land.\n\n2.7 Maintenance of services relating to residual land.\n\n2.8 Damage to residual land (but not preventing the installation of insect screens or safety lock devices).\n\n2.9 Deposit of rubbish and other material on residual land.\n\n2.10 Metering of services and apportioning of costs of services relating to residual land.\n\n\t3 Units—in building subdivisions or forming part of land owned by company title corporations\n\nSch.\n\n3.1 Change of use of units.\n\n3.2 External appearance of units.\n\n3.3 Requirements for notice to the company title corporation or service company of renovations to units.\n\n3.4 Times within which renovation work on units can be carried out.\n\n3.5 Keeping animals or birds in units or on residual land.\n\n3.6 Metering of services and apportioning of costs of services relating to units.\n\n3.7 Effect of repair and maintenance of units on the amenity of residual land or other units.\n\n\t4 Units—forming part of land owned by company title corporations\n\n4.1 Repair and maintenance of units.\n\n4.2 Use of equipment, services and amenities in units forming part of land owned by a company title corporation.\n\n4.3 Deposit of rubbish and other material in units forming part of land owned by a company title corporation.\n\n4.4 Entry into units by an officer, employee or agent of a company title corporation.\n\n\t5 Design\n\nSch.\n\nDesign, construction and landscaping of residual land or units.\n\n\t6 Behaviour of persons\n\n6.1 Behaviour of shareholders, occupiers of units and their invitees—\n\n6.1.1 in a building subdivision, on residual land;\n\n6.1.2 on land owned by a company title corporation containing units, in units or on residual land.\n\n6.2 Noise and other nuisances caused by shareholders, occupiers of units and their invitees.\n\n6.3 Compliance with nuisance control provisions contained in the rules of company title corporations and service companies and in service agreements.\n\n\t7 Dispute resolution\n\nAdequacy of dispute resolution procedures, including internal grievance procedures, hearing procedures and communication procedures.\n\n\t8 Notices and documents\n\n8.1 Provision of noticeboards and display of advertising.\n\n8.2 Adequacy of provision of notices including, but not limited to, notices relating to fees and charges.\n\n ═══════════════\n\nENDNOTES\n\nEndnotes\n\n1. General Information\n\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 20 February 2013*\n\n*Legislative Council: 21 March 2013*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to confer additional jurisdiction on the Victorian Civil and Administrative Tribunal to hear and determine neighbourhood disputes affecting company title corporations and service companies for building subdivisions and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 20 February 2013*\n\n*Legislative Council: 21 March 2013*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 21 March 2013*\n\n*Legislative Council: 18 April 2013*\n\nThe **Company Titles (Home Units) Act 2013** was assented to on 23 April 2013 and came into operation on 1 October 2013: Special Gazette (No. 337) 24 September 2013 page 1.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Company Titles (Home Units) Act 2013** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Company Titles (Home Units) Act 2013, No. 19/2013**\n\n| *Assent Date:* | 23.4.13 |\n| --- | --- |\n| *Commencement Date:* | S. 21 on 1.12.14: s. 21 |\n| *Current State:* | This information relates only to the provision/s amending the **Company Titles (Home Units) Act 2013** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of conferring VCAT jurisdiction over neighbourhood disputes involving company title corporations and service companies. The amendments shown (Version 002) appear limited to commencement provisions and repeal of transitional provisions (Part 4, sections 19-21), without expanding the substantive scope beyond the original intent."},"complexity_factors":["Moderate cross-referencing: 8 external Acts referenced (Subdivision Act 1988, Transfer of Land Act 1958, Corporations Act, Australian Consumer Law and Fair Trading Act 2012, Owners Corporations Act 2006, Penalty Interest Rates Act 1983, Estate Agents Act 1980, Constitution Act 1975)","Defined terms: 15 defined terms in section 3, some with nested definitions (e.g., 'residual land' has two distinct meanings depending on context)","Conditional exclusions: Section 5(3) contains 5 specific exclusions from the definition of 'neighbourhood dispute'","Displacement provision: Section 14 interacts with Corporations Act section 5G, requiring understanding of federal-state legislative interaction","Schedule-based scope: The substantive scope depends on an attached Schedule with 8 categories of 'neighbourhood matters'","Jurisdictional interplay: Sections 12 and 15 create complex relationships between VCAT jurisdiction and court jurisdiction, including stay provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act gives the Victorian Civil and Administrative Tribunal (VCAT) the power to resolve disputes between people living in or owning units in **company title schemes** and **building subdivisions**.\n\n**What are these schemes?**\n- **Company title**: Instead of owning your apartment directly, you own shares in a company that owns the building. Your shares give you the right to live in a specific unit.\n- **Building subdivisions**: These are strata-title buildings (like apartments) where a service company manages common property.\n\n**Who can use this law?**\n- Shareholders in company title corporations\n- People living in the units (occupiers)\n- The company title corporations themselves\n- Service companies that manage building subdivisions\n- Mortgagees (lenders) of units in building subdivisions\n\n**What disputes can VCAT hear?**\nDisputes about \"neighbourhood matters\" listed in the Schedule, including:\n- Health, safety and security issues\n- Use of common areas (residual land)\n- Repairs and maintenance\n- Noise and nuisance behaviour\n- Changes to unit appearance or use\n- Keeping pets\n- Waste disposal and parking\n\n**What can VCAT order?**\n- Tell someone to stop doing something (or start doing something)\n- Order payment of money (damages, debts)\n- Interpret the rules of the company\n- Vary contracts\n- Impose civil penalties up to $250 for breaking rules\n- Make interim orders while the case is ongoing\n\n**Important limits:**\n- VCAT **cannot** change shareholdings, wind up companies, or change the board of directors\n- VCAT **cannot** hear disputes about selling shares, leasing units, or winding up companies\n- If a court case is already running about the same dispute, the court can stop (stay) those proceedings if VCAT is the better place to resolve it\n\n**Why it matters:**\nBefore this Act, people in company title schemes had limited options to resolve disputes without expensive court proceedings. This provides a cheaper, faster tribunal process for everyday disputes in these types of housing arrangements."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original intent: providing a regulatory and dispute resolution framework for company title home unit arrangements in Victoria. No significant scope expansion or contraction is evident from the version history provided."},"complexity_factors":["Involves a niche and technical area of property law (company title) that most people — and many lawyers — are unfamiliar with","Intersects multiple legal frameworks: corporations law, property law, and tenancy/occupancy rights","Requires understanding the difference between shareholding and direct property ownership","Interplay with other Victorian legislation such as the Owners Corporations Act and Corporations Act 2001 (Cth)","Dispute resolution pathways involve specialist tribunal (VCAT) procedures","The source document provided is only version/metadata information, limiting full analysis and adding interpretive uncertainty"],"plain_english_summary":"This Act modernises protections for people living in company title home units — where residents own shares in a company that grants occupation rights. It gives shareholders clearer information and governance rights and access to dispute resolution (VCAT) against unfair company decisions. It mainly affects owners or buyers of older company-title flats, owners corporations and dispute bodies, leveling protections closer to standard strata arrangements."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's operative scope aligns with its stated purpose to confer VCAT jurisdiction over neighbourhood disputes affecting company title corporations and service companies for building subdivisions (s.1, s.6). The text both defines covered matters (Schedule) and limits coverage by excluding specified dispute types (s.5(3)). It also declares state law displacement of Corporations legislation where inconsistent (s.14), but no supplied amendments indicate a change from this original scope."},"complexity_factors":["Cross-references to multiple other Acts (Corporations Act, Transfer of Land Act, Owners Corporations Act, Penalty Interest Rates Act) increasing interpretive dependencies.","Defined, but specialized, concept set (e.g. 'company title corporation', 'residual land', 'neighbourhood matter') requiring statutory construction.","Interaction and potential overlap between VCAT jurisdiction and existing court/Corporations Act remedies, including stay powers (s.12, s.15) and declared displacement (s.14).","Broad discretionary remedial powers for VCAT (orders, damages, levy directions, interim and ancillary orders) that create fact-sensitive outcomes (s.8, s.11).","Low civil penalty cap ($250) limits enforcement force, but monetary orders can be enforced by levying shareholders—mixes modest fines with potentially significant cost-shifting (s.9, s.11).","Regulations may incorporate external standards or delegate matters to the Director, adding rule-making complexity (s.18).","Explicit exclusions of certain disputes (sale/transfer of shares, leases, winding up, Corporations Act Part 2F.1 claims) narrow but complicate scope boundaries (s.5(3))."],"plain_english_summary":"This Act gives the Victorian Civil and Administrative Tribunal (VCAT) authority to hear and decide specified \"neighbourhood disputes\" affecting company title corporations and service companies for building subdivisions (s.1, s.6). It lists the kinds of matters covered and who may apply.\n\nVCAT can order compliance, make monetary or remedial orders, direct levies on shareholders, and impose civil penalties up to $250 (s.8–11, s.9). Penalties are paid into the Victorian Property Fund (s.16); inconsistent company rules have no effect (s.13)."}},"importantCases":[],"_links":{"self":"/api/acts/company-titles-home-units-act-2013","history":"/api/acts/company-titles-home-units-act-2013/history","analysis":"/api/acts/company-titles-home-units-act-2013/analysis","conflicts":"/api/acts/company-titles-home-units-act-2013/conflicts","importantCases":"/api/acts/company-titles-home-units-act-2013/important-cases","documents":"/api/acts/company-titles-home-units-act-2013/documents"}}