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
Common property
Supreme Court confirms that OCs must carry out works to common property to avoid discrimination against persons with disabilities
The Victorian Supreme Court has upheld an earlier decision by VCAT which found that owners corporations provide “services” in relation to common property for the purposes of s44 of the Equal Opportunity Act 2010. The practical effect of this decision is that owners corporations are obliged to make “reasonable adjustments” to the common property to avoid discrimination against persons with disabilities. Continue reading
OCs may be obliged to carry out works to upgrade access for persons with disabilities
In Black v Owners Corporation OC1-POS539033E [2018] VCAT 185, a resident developed a disability which required her to use a wheelchair or scooter. She had difficulty accessing her apartment because she was unable to operate the entry doors and the ramp from the car park was unsafe for her. The resident sought an order that the OC make adjustments to the common property so she could access the building independently. Continue reading
Can an owners corporation pursue a remedy for defects on common property?
The question of how an owners corporation might obtain a remedy for defects on common property is a complex one and, to a certain extent, is dependent upon the contracts executed as between the developer and builder, and between the developer and the purchasers of the lots. However, some general observations can be made. Continue reading
Leases over common property
Lot owners have successfully upheld their rights in relation to leases granted over car spaces and courtyards on common property. 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
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
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
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