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Owners Corporation Voting

Validity of proxies

June 5, 2015September 14, 2016 / Tiphanie Acreman / Leave a comment

The Tribunal examined the validity of a number of proxies provided in relation to an upcoming Annual General Meeting of the OC in Johnston v Owners Corporation No 1 – PS612301Y [2015] VCAT 811.

Extraordinary items of expenditure requiring a special resolution

May 29, 2015October 22, 2015 / Tiphanie Acreman / Leave a comment

In Ha v Walter E. Jones Valuers Pty Ltd [2015] VCAT 1321 the Tribunal held that replacement of a roof was an extraordinary item of expenditure which required a special resolution. Continue reading →

Works to services and OC resolutions

March 19, 2015October 21, 2015 / Tiphanie Acreman / Leave a comment

Blanksby v Owners Corporation 022369 [2015] VCAT 451 raises but unfortunately does not resolve an interesting issue, can a service provider demand more than is required by the OC Act to authorise works to services on the property? Continue reading →

Failure to pass a special resolution to commence legal proceedings

February 18, 2015October 22, 2015 / Tiphanie Acreman / Leave a comment

Section 18 of the OC Act states that an OC must not bring legal proceedings unless it is authorised by special resolution to do so (except in the case of proceedings for the recovery of fees or enforcement of the OC rules). Continue reading →

Appointment of an administrator where the OC is dysfunctional

October 2, 2014October 21, 2015 / Tiphanie Acreman / Leave a comment

Where the OC is dysfunctional, it is possible to have an administrator appointed by the Tribunal to manage the affairs of the OC. Continue reading →

Altering the subdivision – the hoops have been removed

May 23, 2014October 22, 2015 / Tiphanie Acreman / Leave a comment

Altering a subdivision (for example, to transfer part of the common property to another entity, or to alter lot liability and entitlements) requires a unanimous resolution of the OC. Continue reading →

An OC fighting fund and resident’s action group

October 19, 2012October 22, 2015 / Tiphanie Acreman / Leave a comment

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

August 30, 2012October 22, 2015 / Tiphanie Acreman / Leave a comment

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 →

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Tiphanie Acreman
Greens List Barristers
205 William Street
Melbourne
(03) 9225 7222
tacreman@vicbar.com.au

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CASE NOTE COMMENTARY Common property Company Titles (Home Units) Act 2013 Lot boundaries Owners Corporation Fees Owners Corporation Manager Owners Corporation Rules Owners Corporations Act 2006 Owners Corporation Voting

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