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.
