Victorian Current Acts

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OWNERS CORPORATIONS ACT 2006 - SECT 89B

Can a lot owner vote if fees are unpaid?

    (1)     A lot owner who is in arrears for any amount owed to an owners corporation is not entitled to vote (either in person, by ballot or by proxy) on a resolution of the owners corporation unless the amount in arrears is paid in full.

    (2)     Despite subsection (1), a lot owner who is in arrears for any amount owed to an owners corporation may vote on any matter where a special resolution or unanimous resolution is required.

    (3)     For the purposes of subsection (1), the amount in arrears is taken to be paid in full if it is paid to the owners corporation—

        (a)     in cash; or

        (b)     otherwise, not less than 4 business days—

before the lot owner is required to vote on the resolution.

S. 89C inserted by No. 4/2021 s. 42.



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