ASA Nominees Pty Ltd v Owners Corporation PS 513436B and Adamopoulos [2016] VSC 562 arose from a surveyors error which occurred when lots in the plan of subdivision were re-subdivided. An amended plan was registered which showed the boundary between two lots as located 3 metres to the west of the wall that was intended to form the boundary. Continue reading
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
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
Leases over common property
Lot owners have successfully upheld their rights in relation to leases granted over car spaces and courtyards on common property. Continue reading
Is the lot liability ‘just and equitable’?
Two lot owners applied to the Tribunal to have the lot entitlement and liability of the subdivision amended. Continue reading
Retirement Village manager held in contempt
In Stubbs v Martyniuk [2015] VCAT 1315, Mr Martyniuk, the manager of a retirement village, was held in contempt of the Tribunal’s orders for a second time. 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.
Manager’s early termination charges
An OC sought to recover almost $18,000 which had been taken from its trust account by a former manager for early termination charges under the management contract in Owners Corporation No 2 PS338183E v Strata Plan Pty Ltd [2015] VCAT 1148. 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.
Validity of proxies
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.
