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
In Kanter v Milroy Investments Australia Pty Ltd  VCAT 90, a company was fined $10,000 for contempt because it breached orders previously made by the Tribunal. Continue reading
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  VCAT 2041
Smith v National Hospitality Group Pty Ltd & Anor  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