owners corporation

The VCAT found that the lot owner managers:

• Received a fee for their management services to the Owners Corporation;
• Were not registered;
• Were not appointed under a contract of appointment;
• Raised fees from lot owners not based on lot liability.

The VCAT resolved the matter by declaring that the Owners Corporation must convene a special general meeting to:

• Accept the existing unregistered managers’ resignation;
• Discuss whether to appoint a registered manager or whether to self-manage by a committee of no less than three lot owners;
• To nominate signatories to the Owners Corporation’s account;
• To seek legal advice on whether the Owners Corporation should recover management fee paid to the unregistered managers since 2007; and
• Whether to appoint an independent auditor.

CASE REFERENCE: Lentini v Brien (Owners Corporations) [2014] VCAT 814 (9 July 2014)

Tisher Liner FC Law has a dedicated Owners Corporation Law division committed to providing quality legal advice and representation to Owners Corporations, Committees, Lot Owners and Managers.