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Owners Corporations / Owners Corporations & Strata

Pay up lot owners or lose your lot!

Some have a large amount of common property to look after which may include skyscraper buildings, roads and amenities such as pools, gyms and cinemas. This brings with it a range of expenses such as: In order to fund these expenses lot owners, need to contribute by way of levies which might be annual levies set at each year’s AGM or special levies set for extraordinary expenditure. But what if a lot owner does not...
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Owners Corporations & Strata / Owners Corporations

Stop Suing Managers!! The Owners Corporation Manager

“The applicants seem to misunderstand the role of the manager. The manager acts for and represents the Owners Corporation in its interactions with lot owners. The manager does not act for individual lot owners. The manager takes instructions from the Owners Corporation resolutions passed at general meetings and from the committee. See section 120 of the Owners Corporations Act 2006.” Too often we see applications at VCAT made by lot owners naming the Owners Corporation...
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Owners Corporations / Owners Corporations & Strata

Owners Corporation case law update – Ford v Owners Corporation SP24717 (Owners Corporations) [2024] VCAT 547

The applicants sought the appointment of an administrator to an Owners Corporation which affects a residential development of 6 apartments on Toorak Road, Toorak. The applicants, the owners of lots 2 and 6 claimed that the owners of lots 3, 4 and 5 and the manager are causing the Owners Corporation to be dysfunctional creating the need for an administrator. What do you need to get an administrator appointed? The Victorian Supreme Court says: “To...
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Commercial Law / Commercial Contracts & Agreements / Franchising & Licensing

Spend the time to get it right – The pitfalls of short cutting a sale or purchase of a business

You’ve agreed on some basic terms of sale, such as purchase price, what you’re buying and the settlement date – but what about all the other elements of a business that have to be dealt with? THE ISSUE WITH CUTTING CORNERS Some of the issues that we have seen arise are: These are only a few of the problems we are seeing arise as a result of clients not wanting to spend the time to...
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