Case Study

Owner’s Responsibilities.


Owning a property comes with its unique responsibilities. Owners of a property which have an Owners Corporation must at the very least, comply with the Act, the Regulations and the Rules of the Owners Corporation.


Beyond compliance with the Law, there are also other obligations which you, as a Lot owner, should be aware of. These are generally set out under Part 7 of the Act and include the following;


Care of your lot


All lot owners are required to maintain any part of the lot that affects the outward appearance of the lot or use of enjoyment of other lots or the common property. You must also maintain any service that is exclusive to your lot – power, water etc.


Care of common property


All lot owners must not use or neglect the common property or permit it to be used or neglected in a manner that is likely to cause damage or deterioration to the common property.


Works to your lot


Most of the time, works inside your lot are permitted. However, there are certain circumstances in which you must seek the approval of the Owners Corporation before proceeding with the work, we recommend that you contact Horizon before commencement. We will provide you with a form which must be completed and returned to our office. Approval may also be required before you can proceed.


Payment of fees levied by the Owners Corporation


Each Owners Corporation has expenses that relate to its day to day operation, they should also allow a provision for non-recurrent works and management of assets. To meet its ongoing obligations, fees are required to be paid by a lot owner. According to the Lot Liability set for each Lot, you will be liable to pay the apportioned amount in accordance with the fees set out in the Annual Budget. Refer to the Payments section for further information on this topic.


New Owners


A lot owner who sells a lot must advise the owners corporation of the name and address of the new owner within one month of the completion of the contract. The same applies for a person who acquires a lot. You can notify the Owners Corporation via Horizon at the below details.


In most circumstances, at the time of settlement of the property, your solicitor or conveyancer will send notification to Horizon. However, to ensure your details are always up to date, it is good practice to confirm we have the correct details by contacting our office.


Owners should be aware that failure to advise the Owners Corporation of an updated address or details may result in fee notices or correspondence not reaching you. This could put your account at risk with overdue fees, or further, initiate debt collection proceedings.


Address for Owners not living at your Lot


It is important that the Owners Corporation and Horizon are informed when you do not reside at your lot. This might be due to leasing out your property to a tenant, or you are traveling for an extended period of time.


Whatever your reason, a lot owner who does not occupy the lot or who will be absent from the lot for more than 3 months must advise the owners corporation of the lot owner’s mailing address in Australia for service of notices and any changes to it as soon as possible.


If an address in Australia has not been nominated as set out above, service of notices or correspondence may be sent by either

  1.  by posting the notice to the last known address of the lot owner in Australia; or
  2.  if an address under paragraph (a) is not known or if a notice sent to that address is returned, in any other manner VCAT considers appropriate.

Please contact Horizon to advise any changes to your address at your earliest convenience.


Advice to your Occupier (Tenant)


A lot owner who does not occupy his or her lot must give the occupier of the lot the following information

  1. copy of the rules of the owners corporation at the commencement of occupation; and
  2. copy of the consolidated rules of the owners corporation as soon as possible after it is lodged with the Registrar


If you require a copy of your rules, these can be obtained from the Owners Portal at your leisure. Alternatively, please contact Horizon to obtain a copy.


Owning a property shouldn’t be difficult or frustrating, so we’re here to make sure it’s not a chore. If you have any questions about your responsibilities regarding your lot, please contact us to discuss.