The Victorian Civil and Administrative Tribunal has published a decision which provides some further clarity as to how a Plan of Subdivision is interpreted to determine the boundaries between the common property and the lots. The decision illustrates the difficulties faced by owners corporations and their members in determining liability for unreasonable flows of water into a lot. Continue reading
The Environment Protection (Residential Noise) Regulations 2018 came into force on 13 October 2018 and replace the previous regulations made in 2008. Continue reading
In this article: Cladding Taskforce audit findings released and new Cladding Rectification Agreements enable property owners and owners corporations to access low-cost finance for cladding rectification Continue reading
The Victorian Supreme Court has upheld an earlier decision by VCAT which found that owners corporations provide “services” in relation to common property for the purposes of s44 of the Equal Opportunity Act 2010. The practical effect of this decision is that owners corporations are obliged to make “reasonable adjustments” to the common property to avoid discrimination against persons with disabilities. Continue reading
In Black v Owners Corporation OC1-POS539033E  VCAT 185, a resident developed a disability which required her to use a wheelchair or scooter. She had difficulty accessing her apartment because she was unable to operate the entry doors and the ramp from the car park was unsafe for her. The resident sought an order that the OC make adjustments to the common property so she could access the building independently. Continue reading
I was a guest recently on the ABC Radio show “Writs and Cures” with Lindy Burns, BIll O’Shea and Steve Ellen discussing the legalities around apartment living.
A link to the audio is HERE. The apartment living segment begins at about the 19 minute mark.