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
Commencing proceedings
OC Fees and bankruptcy
In Owners Corporation No 1 – PS507443P v Iglesias [2015] VCAT 558, a lot owner who declared bankruptcy was found liable for OC fees from the date of bankruptcy forward even though the property had vested in his trustee for bankruptcy. Continue reading
Failure to pass a special resolution to commence legal proceedings
Section 18 of the OC Act states that an OC must not bring legal proceedings unless it is authorised by special resolution to do so (except in the case of proceedings for the recovery of fees or enforcement of the OC rules). Continue reading
