#28773
Sir Humphrey
Strataguru

    Have you informed your insurer that the unit is vacant and the situation appears to be long-term? If the insurance premium would be higher, there may be a mechanism to charge the unit owner more for that. In the ACT there is a provision for charging an owner more if they cause the OC to incur additional expenses due to a wilful or negligent act or omission or a breach of the OC rules.  

    In the ACT, possibly similar in Victoria, the Act requires: “A unit owner must give the owners corporation for the units plan written notice of the details of any of the following events within 14 days after the event happens: … a vacancy in occupancy of the unit that is expected to be longer than a continuous period of 30 days.

    One of the default rules (aka by-laws) is a catch-all requirement that all unit owners must comply with laws in force in the ACT. That includes our strata Act. Therefore, it is a breach of the rules to leave a unit unoccupied without notifying the OC about what is going on. Failure to the comply with the Act and consequently the rules and thereby causing the OC an increase in its insurance cost, for which you can charge the unit owner, might be way to up the ante if you have similar provisions.