In Black v Foo [2013] VCAT 1676, a lot owner was storing items (kayaks etc.) on car space on private title. Continue reading
CASE NOTE
Which prevails – the OC rules or a licence over common property?
It is unusual for an Owners Corporation matter to make its way to the Court of Appeal but that is exactly what happened in Avranik Pty Ltd v Lloyd and ors [2013] VSCA 244. Continue reading
Breach of OC Rules
Lot owners who had continuously parked their mobile home in the parking bay designated for visitors were held to be in breach of the OC rules: Owners Corporation PS324753R v Callander [2013] VCAT 2041
Unauthorised installation of private plant on common property
A lot owner installed an air conditioner in the roof space which was common property in OC PS326519P v May [2013] VCAT 933. Continue reading
Insurance obligations of an OC in multi-level buildings
An OC is required to insure buildings for reinstatement and replacement, and take out public liability insurance for all lots in multi storey developments. This includes fixtures and improvements that form part of a lot owner’s building as discussed in MRO Nominees Pty Ltd v Network Pacific Real Estate Pty Ltd [2013] VCAT 1492.
OC responsibility for trees on common property
The obligation of an owners corporation to repair and maintain common property includes an obligation to remove a dangerous tree growing on the common property: Muir v Owners Corporation PS1663 [2012] VCAT 1982.
An OC fighting fund and resident’s action group
An example of an owners corporation fighting proposed developments on nearby land that may affect the amenity of lot owners. Continue reading
Breach by a proxy holder and committee member’s immunity
Is a person who gives a proxy to another liable for a breach by the person exercising the proxy? Does a committee member’s immunity against being sued extend to situations where they have not acted in good faith? These questions were discussed in Noonan v Renaissance Assets Pty Ltd [2012] VSC 370. Continue reading
Parking on common property
An OC can allow parking on common property if it specifies an area of common property for parking. It can also allocate those parking spaces to particular lots. The process for designation and the removal of designation was discussed in Owners Corporation No. 1 SP37133 v Jand Investments Pty Ltd & Ors [2012] VCAT 1164.
Noise from other lots
Smith v National Hospitality Group Pty Ltd & Anor [2012] VCAT 684 concerned noise from a late night bar in “The George”, a complex in St Kilda comprising apartments, offices and entertainment venues. Continue reading
Owners Corporations Law 