Saturday, September 26, 2020

Owners Corporation Act 2006

Part 11
Division 1
Section 165

What orders can VCAT make? | Section 165

(1)     In determining an owners corporation dispute, VCAT may make any order it considers fair including one or more of the following—

(a)     an order requiring a party to do or refrain from doing something;

(b)     an order requiring a party to comply with this Act or the regulations or the rules of the owners corporation;

S. 165(1)(ba) inserted by No. 36/2011 s. 12.

(ba)     an order authorising a lot owner to institute, prosecute, defend or discontinue specified proceedings on behalf of the owners corporation;

(c)     an order for the payment of a sum of money—

(i)     found to be owing by one party to another party;

(ii)     by way of damages (including exemplary damages and damages in the nature of interest);

(iii)     by way of restitution;

(d)     an order varying any term of a contract or agreement;

(e)     an order declaring that a term of a contract or agreement is, or is not, void;

(f)     an order declaring—

(i)     the terms of a delegation; or

(ii)     the meaning of a rule of the owners corporation;

(g)     if an owners corporation is required under this Act to have a committee and a committee has not been appointed at or immediately after the first annual general meeting, an order appointing a committee of the owners corporation;

(h)     an order appointing (with the person’s consent) or revoking the appointment of—

(i)     the chairperson of the owners corporation;

(ii)     the secretary of the owners corporation;

(iii)     a member of a committee or sub‑committee of the owners corporation;

(i)     an order—

(i)     appointing a person (with the person’s consent) as manager of the owners corporation, on specified terms and conditions;

(ii)     revoking the appointment of a manager of an owners corporation;

(iii)     imposing conditions or restrictions on the management by a manager of the owners corporation;

(j)     an order in relation to damaged or destroyed buildings or improvements;

(k)     an order as to the payment of insurance money under any policy taken out by an owners corporation;

(l)     an order requiring an order to be recorded in the owners corporation register, the register of managers or in the Register kept under the Transfer of Land Act 1958 ;

(m)     an order requiring the Registrar to amend the Register.

(2)     In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate it thinks appropriate.

(3)     VCAT may make any interim orders and ancillary orders it thinks fit in relation to an owners corporation dispute.

Note

Clause 51AD of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 provides that any member of VCAT can make a declaration in a proceeding under this Act.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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