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
Breach
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
Lot owner fined $10,000 for contempt
In Kanter v Milroy Investments Australia Pty Ltd [2015] VCAT 90, a company was fined $10,000 for contempt because it breached orders previously made by the Tribunal. Continue reading
Breach of OC Rules
Lot owners who had continuously parked their mobile home in the parking bay designated for visitors were held to be in breach of the OC rules: Owners Corporation PS324753R v Callander [2013] VCAT 2041
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
Noise from other lots
Smith v National Hospitality Group Pty Ltd & Anor [2012] VCAT 684 concerned noise from a late night bar in “The George”, a complex in St Kilda comprising apartments, offices and entertainment venues. Continue reading
Owners Corporations Law 