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Columns » Owners’ Corporation Law

Strict time limitation periods for  bringing a building defect claim  means OCs cannot sit on their hands

Strict time limitation periods for  bringing a building defect claim  means OCs cannot sit on their hands

July 5th, 2023 - Tom Bacon

An owners’ corporation (OC) owes a strict duty to repair and maintain its common property, and this duty can be enforced by any member of the relevant OC. 

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Think twice and sleep on it before firing off that email complaint to the owners’ corporation chairperson

June 7th, 2023 - Tom Bacon

A Court in Sydney has awarded damages of $120,000 to the elderly chairperson of an apartment block, after a tenant sent an email to him and the other owners in which she asked him to stop emailing her about locking her mailbox.

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Lot owners should choose wisely and seek advice before filing VCAT proceedings

May 10th, 2023 - Tom Bacon

There has been a sharp rise in the volume of cases filed in VCAT by lot owners against owners’ corporations (OCs) and managers.

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New building laws to clean up the industry

April 5th, 2023 - Tom Bacon

Last month, the Victorian Parliament introduced the Building Legislation Amendment Bill into the lower house, seeking to substantially amend the Building Act 1993 and the Architects Act 1991 by improving consumer protections for owners.

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Water damage claims expose risk to owners’ corporations

March 8th, 2023 - Tom Bacon

Studies of recent VCAT cases in water damage claims highlight the need for owners’ corporations (OCs) to work faster and work smarter.

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Wet ‘n’ wild comes to high-rise Melbourne

February 8th, 2023 - Tom Bacon

Unfortunately, we are well into storm season in Australia, and the east coast is being battered with its usual fair share of heavy rains and high winds.

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It’s raining election promises, but nothing in sight for owners’ corporations

December 6th, 2022 - Tom Bacon

What has been most surprising during this most recent election campaign is that there has been no post-election commitment to fund Cladding Safety Victoria (CSV) from either of the major parties.

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Boom, bust and out of here

November 8th, 2022 - Tom Bacon

More builders and developers will choose to “go bust” instead of being held accountable to owners’ corporations (OCs) for dodgy building defects.

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Sydney’s Mascot Tower and Opal Towers should serve as a warning to Melbourne’s building industry

October 5th, 2022 - Tom Bacon

A downturn in consumer confidence about building standards is the last thing that developers and builders of residential apartment buildings need right now.

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Government’s new legislation to ban embedded networks a welcome move

August 10th, 2022 - Tom Bacon

Victorian Energy Minister Lily D’Ambrosio has announced a ban on developers entering into embedded network agreements in new residential apartment buildings, in a move that has been welcomed by owners’ corporations (OCs) all over Melbourne.

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Taking the plunge on owners’ corporation plumbing defect claims

July 6th, 2022 - Tom Bacon

Victorian consumers of plumbing services might be surprised to learn that they are protected by the most comprehensive statutory protections in Australia.

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Water ingress claims against OCs set to skyrocket after marathon VCAT case

June 8th, 2022 - Tom Bacon

After a hearing spanning 11 days, more than 2000 documents, and extensive legal arguments on both sides, the Victorian Civil and Administrative Tribunal (VCAT) has ordered an owners’ corporation (OC) on St Kilda Rd to carry out $58,000 worth of rectification works to an apartment.

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High-speed internet thrills are just a special resolution away …

May 11th, 2022 - Tom Bacon

Technology is advancing so quickly these days. That television set and that iPhone that we bought just three years ago (which still works just fine by the way) is all too quickly consigned to the obsolete pile, as consumer electronic brands compete to bring out the next biggest thing.

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Consumer Affairs takes steps to improve the governance of OC managers

April 7th, 2022 - Tom Bacon

One bad apple can spoil the bunch. The owners’ corporation (OC) management industry is filled with talented and passionate individuals, who love working in OC management and thrive on the fast-paced nature of the business.

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Another thing to consider before buying an apartment “off the plan” – check the builder too

March 9th, 2022 - Tom Bacon

With news hitting the public in late February regarding the construction juggernaut Probuild going into administration, many in the construction industry are now bracing for a ripple effect of smaller contractors and sub-contractors to also pull the plug.

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VCAT rules that pigeon infestation on apartment building not enough to justify special levy

February 10th, 2022 - Tom Bacon

An owners’ corporation (OC) in St Kilda has found itself in a messy situation in VCAT, with the Senior Member refusing to enforce an OC request to certain lot owners to rid the main apartment building from a pigeon infestation.

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What to do next with cladding

November 10th, 2021 - Tom Bacon

More buildings with high-risk combustible cladding have been added to the list, as the government ponders what to do next.

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Did your apartment building suffer any earthquake damage? The committee needs to investigate

October 6th, 2021 - Tom Bacon

As if Melbourne hasn’t endured enough over the past 18 months. Pandemic, lockdown, anti-vax riots, losing the hosting rights to the AFL Grand Final, and now, an earthquake. What’s next? A plague of locusts perhaps …

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Life is short - don’t let time (limitation periods) slip away

September 9th, 2021 - Southbank News

The Supreme Court of Victoria recently decided in a case involving a large residential building complex on St Kilda Rd to deny the joinder of individual lot owners to a building claim already commenced by the owners’ corporation (OC), on the basis they were out of time to do so.

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Noisy neighbours

August 5th, 2021 - Tom Bacon

Living in an apartment building brings with it all forms of minor inconveniences.

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