#59954
Austman
Flatchatter

    Settlement is in 2 weeks – would any solicitor agree to this sale without any formal agreements/bylaws?

    It happens all the time for small horizontal type stratas in Victoria that have little or no common property.

    In the Sale of Land s.32F, the seller declares the OC to be “Inactive”.  An inactive OC means one that in the previous 15 months has not had an annual general meeting or fixed any strata fees or held any insurance.  The insurance part might not be strictly true if a casual arrangement is in place between the lot owners.

    The purchaser decides if that information is sufficient to proceed.  For most it is.

    Considering that horizontal type stratas in Victoria often have little or no common property, there’s not so much that such an OC needs to maintain.

    But the OC will still exist.  There is no such thing as an “inactive” OC in the OC Act itself.   And by default the Model Rules (by-laws in other states) will apply.   So all OCs in VIC will have rules whether they know them or not.