Rochelle Castro, Principal at RC & Co Lawyers, answers questions in relation to Changes to the Owners Corporations Act 2006 Affecting Multi-Lot Properties. You can hear more from her when she covers this topic in depth at the upcoming Property Law Conference on Tuesday 1 March 2022, Live Online.
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What are some of the key trends and developments in property law having an impact right now?
Amendments to the Residential Tenancies Act 1997 on additional obligations of the landlords that also impact the Owners Corporation. Changes to the Owners Corporations Act 2006 that impact legal obligations and entitlements of the Owners Corporation, lot owners and tenants.
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How will the new Changes to the Owners Corporations Act 2006 impact property law practice?
The new changes to the Owners Corporations Act 2006 (Act) include 5 tiers of the owners corporation, unfair terms in a manager’s contract of appointment, proxies and being able to hold a general meeting and pass permitted interim resolutions if there are no attendees are some of the significant changes that impact and protect the consumer (lot owners and renters).
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What’s a common mistake you see people make related to Multi-Lot Properties?
People do not review the content of an owners corporation certificate that discloses a lot owner’s obligations once they become a member.
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What’s one advantage or disadvantage of the changes to the Owners Corporations Act 2006?
An advantage on the changes to the Act is clarity on unfair terms of a manager’s contract of appointment and proxy limitations. A disadvantage on the changes is the calculation of lot owner’s contribution which is based on lot entitlement and not lot liability (which is how the regular levies are calculated).
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What are some factors that should be carefully considered?
The number of lots in the strata development, the common facilities available and the past and current financial obligations.
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Are there any property law issues coming in the future that you think practitioners should keep on their radar?
Both landlord and owners corporations should note the disclosure requirements that must be made to avoid future issues. Also, with the 5 tiers of the owners corporations, particularised requirements for each owners corporation should be considered (as opposed to the legislation prior to the amendments where there were only two owners corporations – prescribed and not prescribed owners corporations).
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What are some of the key trends and developments in property law having an impact right now?
With the amendments to the Act, the Owners Corporations are provided further clarify on the boundaries of the rules that they could enforce in relation to regulating the exterior of a lot (whether or not it is common property). Owners Corporations should consider if their rules or additional rules provide them sufficient and enforceable scope to regulate the exterior look of a lot.
Rochelle Castro is the principal of RC & Co Lawyers, an international and specialised boutique law firm with branches in Melbourne, Perth and Makati Philippines. She practices in the areas of strata, construction, property, litigation, insolvency and immigration. Rochelle is also a trainer of Strata Community Association providing strata education in all States in Australia and New Zealand. She also presents to a number of private companies of the commercial and strata sphere. She is a founding member of Club United Business Melbourne and is currently undertaking Masters in Construction Law at Melbourne University. Rochelle believes that good practice of law requires effective communication and education to achieve for clients the best result. Connect with Rochelle via LinkedIn 
