Can a committee alter a maintenance plan to approve works that would normally require a special resolution, creating a potential loophole in the legislation?
If a committee can amend a maintenance plan at any time, does this create a loophole in the legislation that allows committees to make significant changes—normally requiring a special resolution—by first approving those changes through an updated maintenance plan?
Vic certainly has a maintenance plan ‘loophole’, of sorts.
Yes, it is certainly a ‘loophole’, of sorts. In the context of very large owners corporations, there is arguably a need for this loophole, to which a committee is still accountable to their owners at the AGM, as passing a special resolution to change the colour of the paint in the gym, or add couches to the foyer, or info-screens to the lift, etc. Although these are all potentially debatable as ‘significant’, they would otherwise be an insurmountable obstacle.
Interestingly, the Victorian government appears at least partially aware. During their recent solar panel grants for apartments program, they have allowed for owners corporation to approve the panels being installed on common property by either special resolution, OR incorporation into a maintenance plan (and not requiring the special resolution).
One good way to fix the situation would be to provide a definition of the word ‘significant’ in the regulations, which can be amended quite readily by the government.
Log in to your existing Lookupstrata Account to download the printable file.
After graduating from law school in 2013, Alex set out to build a career that combined meaningful engagement, advocacy, and community connection — and found it in strata management. Starting with a boutique firm, he managed a diverse portfolio across Victoria and Queensland, covering townhouse estates, suburban apartments, high-rise towers, and some of Melbourne’s most prestigious residential addresses. His work with leading national and local developers and builders has given him invaluable insight into the full lifecycle of residential and mixed-use communities.
Alex has progressed into senior leadership roles within the strata industry, leveraging his legal background, industry expertise, and deep commitment to fostering connected communities. Driven by enthusiasm, integrity, and a passion for delivering exceptional outcomes, he now supports and leads his team at SOCM with a focus on professionalism, service excellence, and genuine care for the people and places they manage.
Lookupstrata Directory
Looking for VIC Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment