The couch left in the corridor. The bike locked to the fence forever ago. The pot plants by the bin room that appeared out of nowhere and stayed.
For a long time the subject of abandoned goods on common property was a genuine grey area for Victorian owners corporations. In recent years the law has caught up, you just need to understand your responsibilities.
In this guide we’ll explain everything you need to know about discarded goods on common property: what counts as abandoned, what OCs can do about it, and the specific processes you need to follow.
Abandoned items used to be a headache
Before December 2021, the only way to deal with abandoned goods was by issuing breach notices under owners corporation rules. But notices only work when you know who to send them to, and people rarely leave their name and number on abandoned goods.
While the issue could hypothetically be escalated to the Victorian Civil and Administrative Tribunal (VCAT), that wasn’t much help either, since there was often no one to bring a dispute against.
As a result, OCs were placed in a bind. Removing or disposing of someone’s property without clear authority is a legal risk, so many committees simply left items where they were, sometimes indefinitely, rather than risk a claim.
The result was a standoff in which abandoned items were often left to rust, rot and degrade wherever they sat.
What changed: the 2021 amendments
In December 2021, the Owners Corporations Act 2006 was amended to include Division 5A: Disposal of goods abandoned on common property.
In short, OCs now have a clear legal pathway to remove and dispose of abandoned goods, without needing to go through briefing notices or VCAT first. The process is clear, simple and surprisingly efficient, designed to help keep common property clutter free.
What counts as ‘abandoned’?
Goods can be moved if they block reasonable access to common property or a specific lot, and if the OC has made a reasonable attempt to identify the person responsible. The goods can be disposed of if the OC provides the party – or where the party isn’t known, all potential parties – with a notice of intention to dispose of the abandoned goods.
The legislation doesn’t state specific timeframes; it comes down to the OC forming a reasonable belief the goods have been abandoned. If you don’t know who abandoned the goods, a solid first step is to clearly tag or label the item/s with a removal or disposal date.
The process an OC must follow
In order to legally move or dispose of abandoned goods, an owners corporation must follow write a notice of intent to dispose that includes:
- The plan number and address of the OC
- A description of the goods
- An address where the goods can be collected
- The date the goods will be disposed of unless collected
- A note that any sale proceeds will go toward covering disposal costs.
If the owner isn’t known, all owners/residents should be notified.
The goods can be moved (but not disposed of) straight away if they’re blocking access or presenting a safety issue, as long as a reasonable attempt is first made to contact the owner.
As long as the OC follows this process, it won’t be liable for the goods once they’re disposed of.
A couple of special cases worth noting:
- OCs cannot dispose of goods that are part of an active VCAT dispute.
- Vehicles should be reported to police via rego/VIN prior to disposal.
Above OCM: We help you handle property properly
Abandoned goods might seem like a minor issue compared to the bigger-ticket items OCs need to manage, but the process still needs to be followed carefully in order to avoid issues.
While the updated 2021 legislation represents a significant improvement on the old system, the newfound clarity means that OCs can face serious consequences for not doing things by the book. Skip a step or get something wrong, and you might face a needless claim or dispute.
That’s precisely the kind of detail we take care of at Above OCM. We know the legislation, we handle the paperwork, and we make sure common property stays clear without exposing your OC to unnecessary risk.
If you’re looking for help handling the administration, management and compliance of your owners corporation, we’re here to help.
Get in touch with our friendly team today.
