This article discussing a recent Owners Corporation Dispute in Victoria has been provided by Nicole Wilde, Tisher Liner FC Law.
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A Committee Member of the Owners Corporation for the development at 46-50 Haig Street, South Bank (shown in photo) made an application to the Victorian Civil and Administrative Tribunal (VCAT) to resolve an Owners Corporation Dispute.
The dispute included:
An allegation that the Annual General Meeting Minutes recorded a resolution that restricted the Committee’s power to engage or terminate the Owners Corporation Manager, in circumstances where that resolution had not been passed by the members at the Annual General Meeting; and
An application by the Committee Member to be able to ‘stand in the shoes’ of the Owners Corporation in order to prosecute a claim against the Owners Corporation’s Manager for an order terminating its management services.
VCAT decided that the first issue did not require determination because by the time of the hearing, the Owners Corporation had already passed a new resolution removing the Committee’s restriction on their delegated powers to make decisions on behalf of the Owners Corporation.
In addition, VCAT decided that for various reasons relating to the particular circumstances of the case, it would not grant the order authorising the lot owner to prosecute a claim against the Manager on behalf of the Owners Corporation.
Who was the VCAT Member that decided this case? VCAT Member D. Calabro
This post appears in Strata News #141.
Tisher Liner FC Law has a specialist Owners Corporation Legal Division able to assist Owners Corporations with any legal issues including advice on compliance and representation in legal proceedings. For advice or assistance, please do not hesitate to contact Nicole Wilde or a member of our Owners Corporation team.
This article first appeared on the Tisher Liner FC Law website.
NOTICE: This blog is for information purposes only and the material appearing on this blog is not intended to be nor should it be relied on as legal advice or a substitute for legal or other professional advice. Liability limited by a Scheme approved under Professional Standards Legislation.
For more updates on Owners Corporation Dispute or matters concerning more general strata information in Victoria, visit our FactSheet: Strata Committee Concerns and visit our FactSheet: Strata Title Information Victoria