Hear and determine disputes
- a term (including whether the term is fair) of a Manager’s Contract of Appointment; and
- the disposal of abandoned goods from common property.
Make orders
VCAT may also make an order:
- requiring a Lot owner to pay reasonable costs incurred by the Owners Corporation in recovering an unpaid amount from the lot owner (other than costs in the proceeding). This suggests that previously unrecoverable costs, such as fees for issuing Final Fee Notices, can now be recovered; and
- requiring an occupier of a Lot to grant entry to a person authorised by the Owners Corporation to carry out repairs, maintenance or other works.
Issue Penalty for Breach of Rules:
VCAT may order a penalty payable for $1,100.00 (from $250.00).
Must consider:
In respect of disputes regarding a Manager’s Contract of Appointment, VCAT must consider the Australian Consumer Law.
Prosecuting and defending claims made at VCAT by Owners Corporations and Lot owners;
Provisions added to allow a Lot owner to apply to VCAT on behalf of an Owners Corporation. Example, where a resolution has not passed and they make application to the VCAT. It is then up to a lot owner to prove to the Tribunal why the lot owner should not be permitted to take the action.
Find out more at https://www.legislation.vic.gov.au/as-made/acts/owners-corporations-and-other-acts-amendment-act-2021
