Two lot owners applied to the Tribunal to have the lot entitlement and liability of the subdivision amended. Continue reading
CASE NOTE
Retirement Village manager held in contempt
In Stubbs v Martyniuk [2015] VCAT 1315, Mr Martyniuk, the manager of a retirement village, was held in contempt of the Tribunal’s orders for a second time. Continue reading
Manager’s early termination charges
An OC sought to recover almost $18,000 which had been taken from its trust account by a former manager for early termination charges under the management contract in Owners Corporation No 2 PS338183E v Strata Plan Pty Ltd [2015] VCAT 1148. Continue reading
Short stay accommodation
The Independent Panel on short-stay accommodation’ has published its final report. The Panel made recommendations that:
- OCs be able to serve a ‘notice to rectify breach’ on the person offering the accommodation (whether the owner of the property, the lessee or agent) regarding breach of OC rules by short-stay occupants; and
- VCAT be able to make an order on the breach notice that the apartment is not allowed to be used for short-term stays for a period of time, or until it is sold.
Validity of proxies
The Tribunal examined the validity of a number of proxies provided in relation to an upcoming Annual General Meeting of the OC in Johnston v Owners Corporation No 1 – PS612301Y [2015] VCAT 811.
Extraordinary items of expenditure requiring a special resolution
In Ha v Walter E. Jones Valuers Pty Ltd [2015] VCAT 1321 the Tribunal held that replacement of a roof was an extraordinary item of expenditure which required a special resolution. Continue reading
OC Fees and bankruptcy
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
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
Owners Corporations Law 
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