How do owners complain about the behaviour and actions of the committee, particularly breaches of the Act?
How do owners complain about the behaviour and actions of the committee, in particular, breaches of the Owners Corporation Act 2006? We brought these matters up and were bullied by the chair. The grievance committee includes members of the owners corporation (OC) committee.
If you don't believe the committee has handled your dispute correctly, there is a mechanism within the Act.
Joel: When the OC and grievance committees are effectively the same people, that's tricky. If you don't believe the committee has handled your dispute correctly, there is a mechanism within the Act. Owners can, with 25% lot owner support, call a special general meeting. Otherwise, it's the legal path.
Philip: When you buy into a subdivision, you're buying into one with many lot owners, and many OC decisions are by majority. If 51% vote one way, 49% may be unhappy about the decision, but it stands, provided it is in good faith and in accordance with the obligations of the OC.
We have to distinguish between an owner complaining about a breach of the statutory duty or a failure to carry out the OC's role (e.g., to repair and maintain common property) as opposed to just not liking a decision. I think many lot of owners end up at VCAT because they don't like a decision. Your only option here is to employ a PR campaign to garner support and get the majority of votes, or you sell up. That sounds harsh, but sometimes that's the downside of co-owning property. Sometimes you don't get your way. If it's a breach of statutory duty, that's completely different, and you head to VCAT.
Log in to your existing Lookupstrata Account to download the printable file.
Joel is the Director of Strata Operations at Horizon Strata, based in Melbourne. His focus on building strong client relationships and transparent business operation has provided success over a number of years. Operating as an Owners Corporation Manager for the last 7 years, he has managed a vast range of properties, from small townhouse subdivisions to large high-rise buildings in the CBD and surrounding areas. More recently, Joel completed 2 years management of a 12,000-lot business for one of Australia’s largest Strata Management companies. His experience includes management of large land estates in Melbourne, including a pool and gym facility that services over 1000 apartments. Joel has also assisted on a number of new buildings for developers through to completion and recently completed a term as an Administrator appointed by VCAT. Joel is a regular contributor to LookUpStrata.
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.
Lookupstrata Directory
Looking for VIC Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment