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)
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