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.
Owners Corporation Voting
Extraordinary items of expenditure requiring a special resolution
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
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
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
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
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
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
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
