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
CASE NOTE
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
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
Latent defects and builder’s responsibility to the OC
In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & anor [2014] HCA 36, the High Court rejected the notion that a builder owes a duty of care to an owners corporation for pure economic loss arising from latent defects in common property. The case turned on whether the owners corporation was “vulnerable” in the relevant sense. The commercial nature of the development and the detailed contractual framework between the developer and the builder, and the developer and the purchasers of the lots that provided for how defects would be dealt with, were factors weighing against vulnerability.
OC not maintaining common property
Under the OC Act, the OC has a duty to the duty to repair and maintain the common property, fittings and fixtures and some equipment and services. Continue reading
Appointment of an administrator where the OC is dysfunctional
Where the OC is dysfunctional, it is possible to have an administrator appointed by the Tribunal to manage the affairs of the OC. Continue reading
Altering the subdivision – the hoops have been removed
Altering a subdivision (for example, to transfer part of the common property to another entity, or to alter lot liability and entitlements) requires a unanimous resolution of the OC. Continue reading
An OC cannot make rules that discriminate against lot owners
A rule of the OC was declared invalid on the basis that it was discriminatory in Metro Real Estate Services Pty Ltd v Owners Corporation No 1 – PS511424U [2013] VCAT 2138. Continue reading
Removal of OC Manager
A number of cases illustrate that it is difficult to obtain an order from the Tribunal for removal of an OC manager. Continue reading
Owners Corporations Law 
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