Current Page

[BoomerGirl]

Is it possible for 10% of lot owners to opt out of an existing  subdivision by further subdividing  in Victoria? We have no common property but share the costs equally with 90% of owners who use private road, gated garaging, visitor  parking, common property gardening and trees maintenance costs, public lighting etc.

thanks for any information

Topic

[Austman]

@boomergirl said:
Is it possible for 10% of lot owners to opt out of an existing  subdivision by further subdividing  in Victoria? We have no common property but share the costs equally with 90% of owners who use private road, gated garaging, visitor  parking, common property gardening and trees maintenance costs, public lighting etc.

thanks for any information

 

It’s certainly possible, subject to a unanimous resolution,  under the Owners Corporation Act 2006 and the Subdivision Act 1988.  Whether other authorities also allow it (eg council) is another matter.

Subdivision Act 1988
32 Powers to alter subdivision
S. 32 substituted by No. 69/2006 s. 211.

If there is a unanimous resolution of the members, an owners corporation may proceed under this Division to do one or more of the following—
…
(c) alter the boundaries of any land affected by the owners corporation, whether or not the alteration results in an increase or decrease of the area of land affected by the owners corporation;
(d) increase or reduce the number of lots affected by the owners corporation;
(e) create new lots or new common property;
…

 

Quote

[BoomerGirl]

Thanks very much Austman, much appreciated, we will look at the relevant legislation. 

Quote

[Author]

Replies