In Owners Corporation No 1 – PS507443P v Iglesias [2015] VCAT 558, a lot owner who declared bankruptcy was found liable for OC fees from the date of bankruptcy forward even though the property had vested in his trustee for bankruptcy. Continue reading
Author: Tiphanie Acreman
Maintenance charges for retirement villages
In Seacliff Management Pty Ltd v Acciaccarelli [2015] VCAT 508 the Tribunal decided a claim relating to maintenance or service fees increased by a retirement village manager and examined the law relating to maintenance charges under the Retirement Villages Act 1986 and associated Regulations.
Works to services and OC resolutions
Blanksby v Owners Corporation 022369 [2015] VCAT 451 raises but unfortunately does not resolve an interesting issue, can a service provider demand more than is required by the OC Act to authorise works to services on the property? Continue reading
Failure to pass a special resolution to commence legal proceedings
Section 18 of the OC Act states that an OC must not bring legal proceedings unless it is authorised by special resolution to do so (except in the case of proceedings for the recovery of fees or enforcement of the OC rules). Continue reading
Lot owner fined $10,000 for contempt
In Kanter v Milroy Investments Australia Pty Ltd [2015] VCAT 90, a company was fined $10,000 for contempt because it breached orders previously made by the Tribunal. Continue reading
Encroachment onto common property
In Owners Corporation SP023744S v Scarlett [2015] VCAT 99 the Tribunal refused to grant an injunction to stop a lot owner building a second floor that would encroach into the common property. Continue reading
Company Titles (Home Units) Act 2013 – enforcing duties of a service company
Tilley v 352 Toorak Road Pty Ltd [2015] VCAT 107 examines the duties imposed on a service company that are enforceable in the Tribunal. Continue reading
Owners Corporations Amendment Bill 2013 – annual fees, special levies and the benefit principle
Following Macaulay J’s decision in Mashane Pty Ltd v Owners Corporation RN 328577 [2013] VSC 417, amendments were made to the OC Act to clarify the basis on which annual fees are set by OCs, and the way in which OCs recover costs and levy special fees. Continue reading
Neighbourhood disputes in company title properties
The scope of a ‘neighbourhood dispute’ under the Company Titles (Home Units) Act 2013 is much narrower than an owners corporation dispute under the OC Act. Continue reading
Where precisely are the lot boundaries?
Boundaries of lots are ascertained by looking at the Plan of Subdivision. Unfortunately, the precise location of boundaries is not always clear to the untrained eye. Continue reading
Owners Corporations Law 
You must be logged in to post a comment.