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OC RULES & BREACHES

​As part of the Clara Mews community, we ask all residents to take the time familiraise themselves with the Owners Corporation Rules which are available here.

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The Owners Corporation (OC) has a responsibility to ensure all lot owners, occupiers, and their guests comply with the rules of the owners corporation. Where a breach occurs, the OC is empowered to take action under the Owners Corporations Act 2006 (Vic) to address the breach and recover associated costs.

 

What Constitutes a Rule Breach?

A rule breach occurs when a lot owner, occupier, or guest fails to comply with the owners corporation rules. Common examples include:

  • Excessive noise or antisocial behaviour

  • Unauthorised use of common property

  • Damage to common areas

  • Parking violations

  • Failure to maintain a lot in an acceptable condition

 

The Breach Process

When a potential breach is identified, the owners corporation will follow a structured process:

  1. Complaint received – A complaint or incident report is lodged with the owners corporation manager.

  2. Assessment – The matter is assessed to determine whether a rule breach has occurred or is likely to have occurred.

  3. Investigation – Where required, the OC will investigate the incident, which may involve engaging contractors, security, or other relevant parties.

  4. Notice issued – If a breach is confirmed, a written notice may be issued to the relevant owner or occupier.

  5. Rectification or further action – The owner or occupier is given the opportunity to rectify the breach. If the breach continues, the OC may refer the matter to the Victorian Civil and Administrative Tribunal (VCAT).

 

Recovery of Costs

Under the Owners Corporations Act 2006 (Vic), the owners corporation is entitled to recover reasonable costs incurred in responding to and investigating rule breaches from the responsible owner or occupier.

These costs may include, but are not limited to the following examples:

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Security attendance for noise complaint: From $150.00

Investigation of a rule breach incident: From $250.00

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Costs will be levied to the lot owner's account and are recoverable as a debt under the Act.

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Important Notice

Owners and occupiers are encouraged to familiarise themselves with the owners corporation rules. Repeated or serious breaches may result in escalating action, including referral to VCAT, which has the power to impose penalties and orders for compliance.

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