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 Corporations Act 2006
The Tribunal’s power to make “any order it considers fair” is not unlimited
The Supreme Court has re-iterated that legislative provisions providing a broad power for VCAT to make orders as it sees fit do have their limitations. The Tribunal can only apply a remedy if there is a separate legal right which can be identified enabling it to do so. If the right is identified, the broad power provision to make orders enables wide remedies to be applied to exercise that right.
In relation to owners corporations, the limitation applies to s165 of the Owners Corporations Act 2006 which states that in determining an owners corporation dispute, the Tribunal “may make any order it considers fair”.
The issue was discussed in Energy Technology Australia Pty Ltd v Owners Corporation PS 439401J [2017] VSC 145. Continue reading
Dispute Resolution procedures in the Owners Corporations Act
The Supreme Court considered the meaning of dispute resolution procedures set out in Part 10 the Owners Corporations Act 2006 and the implications of not following those procedures prior to filing proceedings in the Tribunal in Shearman v Owners Corporation No 1 417405Y [2016] VSC 551. 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
Review of OC Act
The State government has announced a review of four pieces of legislation relating to property, including the Owners Corporations Act.
Owners Corporations Amendment Bill 2013 – annual fees, special levies and the benefit principle
Following Macaulay J’s decision in Mashane Pty Ltd v Owners Corporation RN 328577 [2013] VSC 417, amendments were made to the OC Act to clarify the basis on which annual fees are set by OCs, and the way in which OCs recover costs and levy special fees. Continue reading
