S. 3 def. of agent provider inserted by No. 34/2018 s. 4.
agent provider means a person who, for a fee, arranges and manages short-stay accommodation on behalf of a lot owner, lessee or sub-lessee;
amend in relation to a rule, includes add to or replace;
approved form means form approved by the Director under section 200;
bank account means an account with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
building includes—
(a) a structure and part of a building or a structure; and
(b) walls, out-buildings, service installations and other appurtenances of a building; and
(c) a boat or a pontoon which is permanently moored or fixed to land;
S. 3 def. of Building Code of Australia inserted by No. 34/2018 s. 4.
Building Code of Australia has the same meaning as it has in section 3(1) of the Building Act 1993;
business day means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday appointed under the Public Holidays Act 1993;
Business Licensing Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;
common property means land shown as common property on a plan of subdivision or a plan of strata or cluster subdivision;
Council means the Council of the municipal district in which the land in the plan is located;
CPA Australia means CPA Australia A.C.N. 008 392 452;
S. 3 def. of Director amended by No. 21/2012 s. 239(Sch. 6 item 33.1).
Director has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012;
S. 3 def. of externally administered body corporate amended by No. 46/2025 s. 31(1).
externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;
function includes duty and authority;
S. 3 def. of guest inserted by No. 4/2021 s. 3(1).
guest does not include a contractor or a tradesperson engaged by the occupier of a lot;
S. 3 def. of hotel and resort management contract inserted by No. 4/2021 s. 3(1).
hotel and resort management contract means, in relation to a hotel, resort or serviced apartment complex on land affected by an owners corporation—
(a) a letting agreement to provide an on‑site letting manager (being a manager who lives at the hotel, resort or serviced apartment complex who manages letting of accommodation at the hotel, resort or complex); or
(b) a common property agreement (including but not limited to a lease or a licence) to use common property for the purposes of—
(i) operating an on-site letting business at the hotel, resort or serviced apartment complex; or
Office, storage area or reception area.
(ii) providing caretaking services at the hotel, resort or serviced apartment complex; or
(c) a building maintenance or facilities management agreement to provide caretaking services at the hotel, resort or serviced apartment complex; or
(d) any prescribed agreement or prescribed class of agreement relating to the management of a hotel, resort or serviced apartment complex by a third party;
S. 3 def. of inspector amended by No. 21/2012 s. 239(Sch. 6 item 33.2).
inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;
land includes buildings and airspace;
land affected by an owners corporation means the lots the owners for the time being of which are members of the owners corporation together with the common property for which the owners corporation is responsible;
Licensing Registrar means the Registrar of the Business Licensing Authority appointed under the Business Licensing Authority Act 1998;
limited owners corporation has the same meaning as it has in the Subdivision Act 1988;
lot has the same meaning as it has in the Subdivision Act 1988;
lot affected by an owners corporation means a lot the owner for the time being of which is a member of the owners corporation;
lot entitlement in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation;
lot liability in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation which the lot owner is obliged to pay;
lot owner, in relation to an owners corporation, means an owner of a lot affected by the owners corporation;
S. 3 def. of non–occupiable lot inserted by No. 4/2021 s. 3(1).
non-occupiable lot means—
(a) a car park; or
(b) a storage locker; or
(c) a lot that is not ordinarily used for residential or business purposes;
S. 3 def. of occupiable lot inserted by No. 4/2021 s. 3(1).
occupiable lot means a lot that is ordinarily used for residential or business purposes;
S. 3 def. of ordinary resolution inserted by No. 2/2008 s. 12(1).
ordinary resolution means a resolution other than a special resolution or a unanimous resolution;
owner has the same meaning as it has in the Subdivision Act 1988;
owners corporation means a body corporate which is incorporated by registration of a plan of subdivision or a plan of strata or cluster subdivision;
owners corporation register means the register kept by an owners corporation in accordance with section 147;
plan of subdivision has the same meaning as plan has in the Subdivision Act 1988;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. 121.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3 def. of prescribed owners corporation repealed by No. 4/2021 s. 3(2).
Register means the Register under the Transfer of Land Act 1958;
registered manager means a manager registered under Part 6;
Registrar has the same meaning as it has in the Transfer of Land Act 1958;
rules in relation to an owners corporation, means the rules of the owners corporation for the time being in force;
S. 3 def. of services only owners corporation inserted by No. 4/2021 s. 3(1).
services only owners corporation means an owners corporation for a subdivision that has no land or building that is designated as the common property and either—
(a) the initial owner of the subdivision has arranged for a utility company to install common meters that are designated as the common property; or
(b) the subdivision has a common supply or common service that is unmetered;
S. 3 def. of short-stay accommo-dation inserted by No. 34/2018 s. 4.
short-stay accommodation means accommodation provided under a short-stay accommodation arrangement;
S. 3 def. of short-stay accommo-dation arrangement inserted by No. 34/2018 s. 4, amended by No. 40/2024 s. 24.
short-stay accommodation arrangement means a lease or licence for a continuous period of less than 28 days to occupy a lot or part of a lot affected by an owners corporation that is—
(a) in a building wholly classified as
a Class 2 building in Part A3.2 of Volume One of the Building Code
of Australia; or
(b) in the case of a building where only part of that building is classified as
a Class 2 building in Part A3.2 of Volume One of the Building Code of Australia—in that part of the building;
S. 3 def. of short-stay occupant inserted by No. 34/2018 s. 4.
short-stay occupant means a person who occupies a lot or part of a lot under a short-stay accommodation arrangement;
S. 3 def. of short-stay provider inserted by No. 34/2018 s. 4.
short-stay provider means—
(a) the owner of a lot or part of a lot that is leased or licensed by the owner to a person under a short-stay accommodation arrangement; or
(b) a lessee or sub-lessee of the owner of
a lot or part of a lot that is leased or licensed by the lessee or sub-lessee to
a person under a short-stay accommodation arrangement; or
(c) an agent provider;
S. 3 def. of tier five owners corporation inserted by No. 4/2021 s. 3(1).
tier five owners corporation has the meaning given by section 7(6);
S. 3 def. of tier four owners corporation inserted by No. 4/2021 s. 3(1).
tier four owners corporation has the meaning given by section 7(5);
S. 3 def. of tier one owners corporation inserted by No. 4/2021 s. 3(1).
tier one owners corporation has the meaning given by section 7(2);
S. 3 def. of tier three owners corporation inserted by No. 4/2021 s. 3(1).
tier three owners corporation has the meaning given by section 7(4);
S. 3 def. of tier two owners corporation inserted by No. 4/2021 s. 3(1).
tier two owners corporation has the meaning given by section 7(3);
S. 3 def. of 2–lot subdivision inserted by No. 4/2021 s. 3(1).
2-lot subdivision means an owners corporation comprising of 2 occupiable lots;
unlimited owners corporation has the same meaning as it has in the Subdivision Act 1988.
Part 2—Functions and powers of owners corporation
Division 1—Functions and powers of owners corporation
4 Functions of owners corporation
An owners corporation has the following functions—
(a) to manage and administer the common property;
(b) to repair and maintain—
(i) the common property;
(ii) the chattels, fixtures, fittings and services related to the common property or its enjoyment;
(iii) equipment and services for which an easement or right exists for the benefit of the land affected by the owners corporation or which are otherwise for the benefit of all or some of the land affected by the owners corporation;
(c) to take out, maintain and pay premiums on insurance required or permitted by any Act or by Part 3 and any other insurance the owners corporation considers appropriate;
(d) to keep an owners corporation register;
(e) to provide an owners corporation certificate in accordance with Division 3 of Part 9 when requested;
(f) to carry out any other functions conferred on the owners corporation by—
(i) this Act or the regulations under this Act; or
(ii) the Subdivision Act 1988 or the regulations under that Act;
(iii) any other law; or
(iv) the rules of the owners corporation.
Note to s. 4 amended by No. 4/2021 s. 4.
An owners corporation is a body corporate which is incorporated by registration of a plan of subdivision or a plan of strata or cluster subdivision. An owners corporation has perpetual succession and is capable of suing and being sued in its own name. See section 28 of the Subdivision Act 1988.