Tuesday, September 29, 2020

Owners Corporation Act 2006

Part 11
Division 1
Section 163

Who may apply to VCAT in relation to a dispute? | Section 163

(1)     Any of the following persons may apply to VCAT to resolve an owners corporation dispute—

(a)     a manager or former manager;

(b)     a lot owner or former lot owner;

(c)     the owners corporation;

(d)     an occupier or former occupier of a lot;

(e)     a mortgagee of a lot;

(f)     an insurer under a policy taken out by the owners corporation;

(g)     the Director.

S. 163(1A) inserted by No. 36/2011 s. 11.

(1A)     A lot owner may apply to VCAT on behalf of an owners corporation to resolve an owners corporation dispute.

Note

This subsection clarifies that the rule in Foss v Harbottle (1843) 67 ER 189 does not apply to owners corporation disputes.

(2)     An application to VCAT by the owners corporation for an order requiring a lot owner to pay an amount payable by the lot owner to the owners corporation can only be made if the amount is not paid within 28 days after the final notice is given under section 32.

© 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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