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Home » Bylaws » Bylaws VIC » VIC: Owners Corporations Act update – Form changes from Consumer Affairs Victoria

VIC: Owners Corporations Act update – Form changes from Consumer Affairs Victoria

Published December 13, 2024 By Phillip Leaman Leave a Comment Last Updated January 13, 2025

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This article, written by Phillip Leaman from Tisher Liner FC Law, is about owners corporation levies.

Consumer Affairs Victoria have issued new fee notice and final notice forms with extra information.

For Fee Notices and Final Notices, there is a new section about payment plans and financial hardship:

“Payment Plans and financial hardship

If you are experiencing financial hardship and struggling to pay your Owners Corporation levies and fees on time, contact your owners corporation and owners corporation manager as soon as possible. Ask them to have a payment plan put in place. The National Debt Helpline – Debt Problems – Strata Levies page has a step-by-step guide on how to do this. Owners Corporations are called strata in some other states. It also has information about other payment options, what to do if you can’t come to an agreement, and what to do if legal action is being threatened or has commenced against you.

If you’re feeling overwhelmed and need help to deal with financial issues, you can get free, independent, and confidential advice from a community based financial counsellor. To speak to a financial counsellor, call the National Debt Helpline on 1800 007 007 or visit the National Debt Helpline’s find a financial counsellor page(www.ndh.org.au/financial-counselling/find-a-financial-counsellor) to find a financial counsellor near you.”

Notwithstanding the additional information there is no statutory requirement for an Owners Corporation to accept a payment plan from a lot owner who is in arrears.

Make sure you compare your current form with the current approved form to ensure that all sentences/wording is included.

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Please also note the following statement included:

“Can Owners Corporations change, add or delete information in fee notices?

The layout of the forms can be varied to suit computer generated systems, mailing and payment processes but must contain all information specified in the approved forms.

The main title of the notice must be ‘Owners Corporation fee notice’ or ‘Owners Corporation final fee notice’.

Payment methods can be inserted into the space provided or incorporated into a tear off remittance slip. If space is limited, payment methods can be provided on a separate page).

The form can also include details such as:

  • other reference numbers and information needed as part of an internal administration system (e.g. owner reference number)
  • the manager’s name, ABN, registration number and contact details
  • website and email details.

Otherwise no other information can be changed, added or deleted. Fee notices are approved forms under the Act. Any notice that contains information which differs from the approved form may be invalid.”

It is really important that you ensure your fee notices comply with Section 31 and the approved form.

The forms expand the information required for lot owners. The new forms should be used straight away. The forms can be accessed from the links below.

Owners corporation fee notice (Word, 71KB)

Owners corporation final fee notice (Word, 67KB)

Sections 31 and 32 of the Owners Corporations Act 2006 requires an Owners Corporation to use approved forms. The approved forms are the ones published on Consumer Affairs Victoria website from time to time.

It is imperative that the forms are updated when CAV changes them otherwise there is a risk that your fee notice or final notice will be invalid. That will mean that recovery of outstanding levies may be put into jeopardy until compliant notices are served.

If you need assistance with checking that notices are compliant or assistance with levy recovery please contact Phillip Leaman and the OC team at Tisher Liner FC Law.

Phillip Leaman
Tisher Liner FC Law
E: [email protected]
P: 03 8600 9370

This post appears in Strata News #725.

Have a question or something to add to the article? Leave a comment below.

Read Next:

  • VIC: New Five Tiered System for Owners Corporations
  • VIC: The AGM Agenda, Committee Meetings and Minutes

This article has been republished with permission from the author and first appeared on the Tisher Liner FC Law website.

Visit our Strata By-Laws and Legislation OR state-specific strata information pages.

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About Phillip Leaman

Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/

Phillip is a regular contributor to LookUpStrata. You can take a look at Phillip’s articles here .

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