VIC: Q&A Process to change the Registered Owners Corporation Rules

This article is about the process to change the registered Owners Corporation rules in Victoria.

Table of Contents:

• QUESTION: The owners corporation would like to change the existing Rules. Can we adopt the new rules if all lot owners have been notified and we’ve received no objections?
• QUESTION: What is the process to change the registered Owners Corporation Rules? Is there a special format for the special resolution?

Question: The owners corporation would like to change the existing Rules. Can we adopt the new rules if all lot owners have been notified and we’ve received no objections?

The owners corporation wishes to change the existing Rules. Can we submit the new Rules to everyone by email, with a covering note stating that unless we hear to the contrary from each member within say 7 or 14 days it will be taken that the owner has no objection to revoking currently registered rules and replacing same with the new rules?

The building has just over 100 apartments and judging by the interest at our AGM we will be lucky to get a response. If the above is permissible, it would be the simplest way to proceed.

Answer: The owners corporation could only make decisions on creating rules by holding a general meeting or by issuing a ballot.

The owners corporation could only make decisions on creating rules by holding a general meeting or by issuing a ballot. These platforms allow all owners an opportunity to vote. Unfortunately, a letter issued to all owners without a voting paper would highly likely not be considered a valid vote from the owner.

Rochelle Castro
RC & Co Lawyers
E: [email protected]
P: 1300 072 626

This post appears in Strata News #559.

Question: What is the process to change the registered Owners Corporation Rules? Is there a special format for the special resolution?

The Owners Corporation wants to change the registered Owners Corporation Rules. We are aware that we have to notify the owners and provide details. Is 75% approval required?

What is the process, if any, if we do not receive at least a 75% response? Is there a special format for the special resolution?

Answer: A special resolution is required to make or change the registered rules.

A special resolution is required to make or change the registered rules. If that is not achieved, the Owners Corporations Act 2006 requires at least 50% of the owners to approve the rules and comply with section 97 of that Act.

Format for Special Resolution

The format for a special resolution is:

• The Owners Corporation resolves by special resolution to (make, amend, revoke) the following rules …

Rochelle Castro
RC & Co Lawyers
E: [email protected]
P: 1300 072 626

This post appears in Strata News #503.

Have a question about changing the registered Owners Corporation rules in Victoria or something to add to the article? Leave a comment below.

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Read Next:

• VIC: Q&A Voting on Motions at the Owners Corporation Meeting
• VIC: Q&A Roles and Responsibilities of the Owners Corporation Committee

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