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Owners corporation law
It has long been an issue for apartment dwellers in Victoria and all around Australia –the common scenario is that a residential unit is let out to a person for a set amount of rent each week; that person then sets out partitions and curtains throughout the apartment, then sub-lets the apartment to groups of (mainly female) students and / or non-English speaking persons.
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One of the more common legal issues that I am asked to advise on by owners corporations is in regard to the removal and replacement of contractors and agents that assist an owners corporation, from building managers and caretakers to owners corporation managers and security companies.
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Two recent decisions in the Supreme Courts of Victoria and NSW should be mandatory reading for all executive committee members of owners corporations in exercising decisions relating to repair and maintenance of common property.
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Owners corporations need to be aware that, before they can commence legal proceedings against any party in any court or tribunal, they must first pass a special resolution at a general meeting.
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