The Supreme Court has determined a case, Elwick 9 Pty Ltd v Freeman [2018] VSC 234, which examined the question of whether owners corporation rules (OC Rules) which are inconsistent with the conditions on a planning permit can be acted upon or are of no effect. Continue reading
Owners Corporation Rules
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.
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
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
Power of the OC to regulate the use of car spaces on private title
In Black v Foo [2013] VCAT 1676, a lot owner was storing items (kayaks etc.) on car space on private title. 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
