If an executive committee has issued multiple invalid rule infringement notices. Does every affected owner need to apply to ACAT separately?
I believe the executive committee has been issuing invalid rule infringement notices (RINs) to multiple lot owners over several months. Should I lodge an application with the ACT Civil and Administrative Tribunal (ACAT) about the RINs?
Can I include a review of everyone's RINs in my application, or does each lot owner need to do that themselves?
A lot owner cannot bring a claim on behalf of another lot owner without that owner's consent.
In order for a party to make an application, they need to have legal standing. Whilst a lot owner might challenge a specific resolution or decision of the units plan, if an alleged incorrect invoice has been issued, that is a matter that should be pursued by the party receiving the invoice. A lot owner cannot prosecute a claim on behalf of another lot owner without that lot owner's consent.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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