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

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

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.