The Supreme Court has re-iterated that legislative provisions providing a broad power for VCAT to make orders as it sees fit do have their limitations. The Tribunal can only apply a remedy if there is a separate legal right which can be identified enabling it to do so. If the right is identified, the broad power provision to make orders enables wide remedies to be applied to exercise that right.
In relation to owners corporations, the limitation applies to s165 of the Owners Corporations Act 2006 which states that in determining an owners corporation dispute, the Tribunal “may make any order it considers fair”.
The issue was discussed in Energy Technology Australia Pty Ltd v Owners Corporation PS 439401J  VSC 145. Continue reading
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
In Ha v Walter E. Jones Valuers Pty Ltd  VCAT 1321 the Tribunal held that replacement of a roof was an extraordinary item of expenditure which required a special resolution. Continue reading
Blanksby v Owners Corporation 022369  VCAT 451 raises but unfortunately does not resolve an interesting issue, can a service provider demand more than is required by the OC Act to authorise works to services on the property? Continue reading
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
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  VCAT 2138. Continue reading
An example of an owners corporation fighting proposed developments on nearby land that may affect the amenity of lot owners. Continue reading