Common property boundaries and the Water Act – who is liable for unreasonable flows of water into an apartment?

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

Correcting errors on the plan of subdivision to change the boundary between two private lots

ASA Nominees Pty Ltd v Owners Corporation PS 513436B and Adamopoulos [2016] VSC 562 arose from a surveyors error which occurred when lots in the plan of subdivision were re-subdivided.  An amended plan was registered which showed the boundary between two lots as located 3 metres to the west of the wall that was intended to form the boundary.  Continue reading

Special Rules – they might be made by the owners corporation but are they valid?

An owners corporation has the power to make special rules under s138 of the Owners Corporation Act through a special resolution.  Special rules are required to be lodged with the Registrar of Titles (s142 of the Act) and can therefore be found on the Register by prospective purchasers.

Importantly, making rules by special resolution and placing those rules on the Register does not mean those rules are necessarily valid.  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.

Continue reading