The Supreme Court has determined a case, Elwick 9 Pty Ltd v Freeman [2018] VSC 234, which examined the question of whether owners corporation rules (OC Rules) which are inconsistent with the conditions on a planning permit can be acted upon or are of no effect. Continue reading
Owners Corporation Rules
Special Rules – they might be made by the owners corporation but are they valid?
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
An OC cannot make rules that discriminate against lot owners
A rule of the OC was declared invalid on the basis that it was discriminatory in Metro Real Estate Services Pty Ltd v Owners Corporation No 1 – PS511424U [2013] VCAT 2138. Continue reading
