How long is an owners corporation certificate valid for?

How long is an owners corporation certificate valid for?

Quick answer: there's no fixed expiry date in Victorian law. The certificate must be 'current' when a buyer signs the contract, which means it accurately reflects the owners corporation's position at that time. If anything material changes, the old certificate can become stale and risky.

What is an Owners Corporation Certificate and Why It Matters in Melbourne

If you're selling a flat in Carlton, a terrace in Fitzroy with a laneway car stacker, or a Southbank apartment with a gym and pool, you'll need to disclose owners corporation information in the Vendor's Statement, also called the Section 32. You can either attach the owners corporation certificate or set out the same prescribed information in the statement itself. Many vendors and agents choose to attach the actual certificate because it's clean, familiar and reduces the chance of missing a line item.

Consumer Affairs Victoria reminds sellers that Section 32 statements are sometimes compiled many months before a sale. Buyers are told to ask for a fresh owners corporation certificate before settlement, or to inspect the register if the paperwork looks dated. In other words, everyone is nudged to check the 'currency' of the disclosure rather than relying on an old bundle.

Victorian Law: 'Current' Beats Any Arbitrary Timeframe

The Sale of Land Act says the vendor must disclose owners corporation information and, if they choose, may do so by attaching a current owners corporation certificate issued under section 151 of the Owners Corporations Act 2006. 'Current' isn't defined by a number of days. It's a plain language standard tied to accuracy at the time of contract. If a certificate was fine when printed but becomes wrong because fees, levies, insurance or rules change, it's not 'current'.

Understanding Section 151 Requirements

What does section 151 actually do? It requires the owners corporation to issue a certificate within ten business days of receiving an application and fee, and it sets out the content and attachments the certificate must include. Think of it as a snapshot of the owners corporation's finances, insurance, decisions and risks, accompanied by the current rules and the minutes from the most recent AGM.

The Regulations list the prescribed items that must appear in that snapshot:

  • Current fees
  • Arrears
  • Special levies
  • Pending repairs and maintenance
  • Insurance details including renewal date
  • Total funds held
  • Liabilities
  • Contracts over common property
  • Service agreements
  • Notices or orders served in the last twelve months
  • Legal proceedings
  • The manager's details and whether an administrator has been appointed
  • Minutes of the most recent AGM

That's a lot that can move.

Owners Corporation Certificate Validity in Practice

In practice across Melbourne, many conveyancers treat about ninety days as a sensible rule of thumb for 'currency' in a steady market, provided nothing has changed. But that's just a convention. The legal test is whether the information is still true when the buyer signs. If an AGM, special levy, insurance renewal, or new VCAT proceeding pops up after the certificate is issued, you should assume the certificate needs refreshing regardless of age.

Industry commentary agrees there's no fixed expiry. The certificate remains safe to rely on only while it reflects reality. If reality moves, your paperwork must keep up.

Events That Make a Certificate Go Stale Quickly

Melbourne owners corporations commonly hold AGMs between late spring and early autumn. That's when a certificate is most likely to date overnight. Watch for:

Critical Changes That Affect Certificate Currency

  • AGM held since the certificate: new minutes, new committee, new fees or levies
  • Insurance renewal: different premium or public liability limit, or a change of insurer
  • Special levy struck for façade rectification, lift overhaul or cladding works
  • New legal proceedings involving water ingress or building defects
  • Manager appointment or administrator: governance and contacts change

If any of these happen after you obtained the certificate for your Docklands listing, the old certificate is no longer 'current'.

Seller Playbook: Keeping Your Section 32 Watertight

Here's a simple rhythm that works well whether you're selling in Brunswick, Balwyn or Brighton.

Order Early, Then Diarise a Refresh

Order the owners corporation certificate as soon as you engage your conveyancer or agent. Under section 151, the owners corporation must supply it within ten business days of a valid application and fee, although many managers will turn it around more quickly for an urgency premium.

Check the Calendar

If an AGM is due within the next eight weeks, plan to refresh the certificate after the meeting so the minutes and any resolutions are included. This avoids a last minute scramble when you find out a special levy was passed.

Re check at Key Milestones

  • Auction campaign: if your campaign runs longer than six to eight weeks, ask your conveyancer whether anything has changed and whether to reorder
  • Private sale: if the Section 32 sits on realestate.com.au for a few months, do a quick audit before accepting an offer
  • Before exchange on a multi offer: if bidders are circling, ensure the latest position on levies and insurance is captured

Keep Your Attachments Consistent

Section 151 says the certificate must be accompanied by copies of the current rules and the resolutions from the most recent AGM, plus the prescribed purchaser advice statement. Mismatched attachments can undermine the 'current' status even if the form is new.

Know Your Fees and Lead Times

The Regulations set maximum fees for standard ten day service and higher fees for faster two day or five day service. Managers commonly price within those caps. Build that into your sale budget.

Document Your Checks

If you refresh after an AGM or insurance renewal, keep both the old and new certificates. It shows diligence if a dispute arises about disclosure.

What Happens If You Don't Keep It Current?

If your Section 32 is defective because the owners corporation information is out of date or incomplete, the buyer can have rights to rescind or to delay settlement, and at the very least, you may end up renegotiating under pressure. That's not a great place to be on a Friday afternoon before settlement. Consumer Affairs Victoria encourages buyers to ask for an updated certificate or to inspect the register when a statement is older or the campaign has dragged on. In short, stale equals risk.

Buyer Checklist: How to Protect Yourself Without Being a Nuisance

You're excited about a sunlit corner apartment in South Yarra; still, take two simple steps.

Check Certificate and AGM Dates

Look at the date on the owners corporation certificate and on the AGM minutes attached. If the AGM date or insurance renewal date is after the certificate issue date, ask the selling agent for a refreshed certificate before you sign, or make time to inspect the register.

Scan for Red Flags

Scan for red flags that often change mid campaign: special levies, proposed façade or balcony works, legal action about water ingress, or a change in management. These all sit in the prescribed certificate content for a reason.

Make Conditional Offers When Necessary

If you're serious about an offer but the paperwork looks old, it's perfectly reasonable to make your offer subject to receipt of a current owners corporation certificate. That keeps everyone honest and avoids surprises.

Auctions Versus Private Treaty: Different Rhythms, Same Principle

Auctions

Campaigns are intense and short, yet they can still run past the ninety day comfort window in a quiet market. Ask the agent whether there has been an AGM or insurance renewal since the certificate was issued. A quick refresh before auction day helps bidders sign with confidence. Market commentary in Melbourne notes that as days on market lengthen, stale certificates become a more common trap.

Private Treaty

Listings can sit for months over winter. If the certificate predates a new levy for lift upgrades or cladding, the disclosure is out of date and ought to be fixed before exchange.

Either way, the law's test is the same: accuracy at the moment of contract, not a magical use by date.

How to Order or Refresh a Certificate Quickly

Your conveyancer or agent can lodge the request, or you can do it yourself. Any person may apply in writing, and the owners corporation must issue the certificate within ten business days of receiving the application and fee. If time is tight, most managers offer a faster service tier within the prescribed maximum fee structure set by the Regulations.

For self managed blocks in inner north streets where the treasurer is also the weekend gardener, there's a simple Consumer Affairs form for a copy of the certificate, useful when you just need to retrieve something already issued.

Frequently Asked Questions

Does a certificate 'expire' after ninety days?

No. Ninety days is a practical convention in the industry. The legal requirement is that the certificate be current at the time of contract. If there's no change, an older certificate may still be fine; if there is a change, a three week old certificate may be wrong.

What if the owners corporation is 'inactive'?

If an owners corporation is 'inactive' as defined in the Sale of Land Act, the vendor states that status rather than supplying a certificate. True inactivity is rarer than people think; many small blocks still hold insurance, which means they're not actually inactive. If in doubt, get advice.

What exactly must be attached when a certificate is used?

Section 151 requires the certificate to be accompanied by the current owners corporation rules, the resolutions from the most recent AGM, and a prescribed statement of advice and information. Your conveyancer will make sure those attachments match the certificate date.

How long do owners corporations take to issue a new certificate?

By law, up to ten business days for standard service, with faster options available at higher fees within the regulatory cap. Plan ahead around AGM season.

What do buyers do if the Section 32 is months old?

Ask for a refreshed owners corporation certificate, or arrange to inspect the owners corporation register and records. That's Consumer Affairs Victoria's own guidance.

A Melbourne Based, Common Sense Framework

Here's a simple way I advise locals to handle the 'how long is an owners corporation certificate valid for' dilemma without losing sleep.

  1. Pin the legal anchor: 'current at time of contract' is the test. No fixed expiry.
  2. Use the ninety day comfort window, but never treat it as a guarantee. Ask one question: has anything changed that hits the prescribed content list. If yes, refresh.
  3. Work around Melbourne's AGM rhythm and insurance renewals. If your campaign overlaps those dates, plan a refresh.
  4. Keep your attachments aligned with the certificate date to avoid mismatches.
  5. Budget for a paid refresh if your campaign drifts or negotiations drag on. The Regulations allow urgent tiers; use them when it saves a deal.

Final Thoughts and Next Steps

Property deals in Melbourne move quickly, then suddenly not at all. Trams ding past, opens are busy, and then a week later you're reading minutes about a lift overhaul you didn't see coming. That's why treating 'currency' as a living thing, not a date stamp, keeps you safe. If your certificate feels even slightly out of step with reality, refresh it. It's cheaper than re printing brochures, and far cheaper than a contract wobble.

Need a Hand or a Second Set of Eyes?

Contact Pearson Chambers Conveyancing for straight, practical guidance and a complimentary Section 32 contract review.

Email: contact@pearsonchambers.com.au