Lot owners have successfully upheld their rights in relation to leases granted over car spaces and courtyards on common property. Continue reading
Car parking
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
Power of the OC to regulate the use of car spaces on private title
In Black v Foo [2013] VCAT 1676, a lot owner was storing items (kayaks etc.) on car space on private title. Continue reading
Which prevails – the OC rules or a licence over common property?
It is unusual for an Owners Corporation matter to make its way to the Court of Appeal but that is exactly what happened in Avranik Pty Ltd v Lloyd and ors [2013] VSCA 244. 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
Parking on common property
An OC can allow parking on common property if it specifies an area of common property for parking. It can also allocate those parking spaces to particular lots. The process for designation and the removal of designation was discussed in Owners Corporation No. 1 SP37133 v Jand Investments Pty Ltd & Ors [2012] VCAT 1164.