Navigate the intricacies of strata living with our dedicated resources on strata laws and regulations. Explore essential insights into strata property governance, legal compliance, and regulatory updates. Access comprehensive guides to stay informed and make well-informed decisions in the complex landscape of strata ownership.
Body Corporate Prohibits Singing in the Shower: What Can They Really Ban?
No, your body corporate hasn’t issued an official “no singing in the shower” directive, not yet, anyway. But the way some people want body corporate powers to expand, it sometimes feels like that’s exactly where things are heading. In strata living, there are many rules. Yet the one rule consistently ignored is the law of unintended consequences. Once you start…
Can an Owners Corporation Demolish a Balcony? What Owners Need to Know
When an owners corporation is faced with an ageing balcony that was added decades ago and is now expensive to repair, the temptation is often to ask a simple question: can we just remove it? For many Committees, especially those trying to manage rising costs and limited budgets, demolition can seem like the most practical solution. However, a tribunal…
How Committees Should Approach Renegotiating Their Body Corporate Management Contract
Renegotiating a body corporate management contract is one of the most effective steps a Committee can take to improve the way a building is managed. A well-structured agreement supports better service delivery, greater financial transparency, and stronger governance outcomes for all lot owners. As buildings and communities evolve, management contracts often fail to keep pace. Provisions may become outdated, expectations…
The Exceptions to the Rule – Seeking Costs in the Owners Corporation List of VCAT
The Rule The Victorian Civil and Administrative Tribunal (VCAT) is empowered to hear and make orders relating to owners Corporation disputes. As we are well aware, bringing or defending proceedings in VCAT can become costly. The question is, then, who should bear these costs? The general proposition in proceedings before VCAT is that each party is to bear their own…
Beveridge vs Integrated Construction Management (Building and Property) [2020] VCAT 1073
Background In late 2013, Mr John Beveridge (‘Beveridge’) purchased an apartment in Fitzroy North from Prudentia Avitas Pty Ltd (‘Prudentia’), the developer and builder of the apartment complex. Integrated Construction Management Pty Ltd (‘ICM’) had been engaged as a construction manager for the apartment complex’s construction and the subsequent defects liability period. In 2016, Prudentia was deregistered. Shortly after purchasing…
The Cladding Safety Victoria Bill 2020 Provides Owners Relief but Set to Retrospectively Increase the Building Industry’s Liability
The Victorian Parliament has recently introduced a bill to establish a new governing body to oversee the cladding rectification program for residential and public buildings. This bill also aims to retrospectively amend the Building Act 1993 to extend the limitation period and bring an action against building practitioners from 10 years post-occupancy permit to 12 years where that action is…
EXTENSION FOR VICTORIANS SEEKING CLADDING COST CLAIMS
Under legislation being introduced to the Victorian Parliament today, Victorians will be given an extra two years to pursue legal action against builders responsible for installing combustible cladding on their homes. The Cladding Safety Victoria Bill will give homeowners more opportunity to recover the cost of removing the combustible cladding by increasing the time limit on compensation claims from 10…
Owners Corporation RP000992 v Stock[2020] VCAT 495
Background Ms Stock occupied lot 18, which was on the top level of an apartment block. For a number of years, she had provided food and water to wild pigeons from the balcony of her apartment and, on some occasions, allowed them to enter her unit. This caused pigeon droppings to accumulate on her balcony, the balconies of other lots,…
A Timely Reminder : Statutory Limitation Period for Commencing Legal Proceedings Relating to Domestic Building Disputes
Statutory Limitation Period It is well established that a building action cannot be brought more than 10 years after issuing the certificate of occupancy for the building work or 10 years after the date of the certificate of final inspection of the building work if no certificate of occupancy has been issued. What has thrown a spanner in the works…
Body Corporate – OH OH! Insurers Appointing their own Legal Representative to Defend Proceedings
It has become usual practice for an insurer to appoint their own legal representative to take over the conduct of a proceeding where the body corporate has been sued and has issued a claim on its insurance policy for coverage of its legal expenses. It is imperative to remember that any sum of money required to be paid out by…