By Nicole Wilde

8 May 2017

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:

A lot owner and 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, but was not limited to:
1.    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
2.     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.
To read the full case VCAT Case Reference: Collins v Network Pacific Strata Management Pty Ltd (Owners Corporations) [2017] VCAT 499 (10 April 2017)
Who was the VCAT Member that decided this case? VCAT Member D. Calabro
Tisher Liner FC Law has a specialist Owners Corporation legal division dedicated to providing practical expert advice to Owners Corporations in Melbourne. If your Owners Corporation wants to clarify its legal obligations or requires effective legal representation please contact Nicole Wilde.

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. Published 8 May 2017.

Related Articles

View All
Owners Corporation / Property & Development / Owners Corporations & Strata

Considering renovating your apartment? Have you checked you legally own it?

Our population is growing and the construction of higher-density housing is booming Considering renovating If you opt...
Read More
Owners Corporation / Owners Corporations & Strata / Health & Aged Care

Owners Corporations & Retirement Villages in Victoria

People in Victoria over 55 years of age and who have retired from full time employment, may be eligible to purchase a...
Read More
Owners Corporation / Owners Corporations & Strata

Mobile Phone Towers on Melbourne Apartment Buildings

So, what does this mean for Owners Corporations Mobile phone towers are often installed on common property roofs of...
Read More
Australia-Israel Legal Advice / Charities & Not-for-Profit / Technology and Start Ups

TLFC – Award Finalist for Law Firm of the Year (Medium Category)

Tisher Liner FC are proud to be nominated as an award finalist in the 14th annual Victorian Legal Awards Medium Law...
Read More
Owners Corporation / Owners Corporations & Strata

AGM or Wine?

You become attuned to meeting your strata neighbours, strangers who live in close proximity to you – some of whom...
Read More
Owners Corporation / Owners Corporations & Strata

What is the True Cost of Not Asking the Right Questions at the Right Time?

The recent Victorian Civil & Administrative Tribunal case of Dunn v Owners Corporation 446158A (Owners...
Read More
Owners Corporation / Property & Development / Owners Corporations & Strata

Apartmentites – Guest Insight #1

Owners Corporations are made up of apartment owners In this ‘Apartmentites’ blog, Tisher Liner FC Law’s Nicole...
Read More
Owners Corporation / Property & Development / Developments

Important VCAT Case Update: The Grundl Assessment

New Guidance from VCAT on how Owners Corporations choose the appropriate method for raising Special Levies An important...
Read More
Owners Corporation / Owners Corporations & Strata

How Quickly Would a Fire Spread in Your Apartment Building?

In 2014, a fire began on the balcony of the residential apartment high rise known as the Lacrosse building near Etihad...
Read More
Owners Corporation / Owners Corporations & Strata

A Tribute to Those Who Demand Compliance & to Those Who Support It

In the context of your own life, you may be entitled to adopt the above philosophies But if you hold elected office as...
Read More
Owners Corporation / Owners Corporations & Strata

The ‘Twenty-Seven Centimetre Dispute’ between St Kilda Road Owners Corporation and Lot Owner

A Member or occupier of a Lot must not: without prior written consent of the Body Corporate, alter or permit to be...
Read More