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Before you apply - Owners corporation disputes
Formerly known as ‘body corporates’. Disputes about the management and use of common property and areas within subdivided land, such as apartments or units.
Find out if you're in the right place
What we can help with
- Unpaid owners corporation fees
- Owners corporation financial management and record keeping
- Owners corporation management fees, performance and management contracts
- Repairs and maintenance of lots and common property
- Neighbourhood disputes affecting service companies, company title corporations or unit owners
What are ‘owners corporation management fees, performance and management contracts’?
We can deal with cases about:
- how meetings are conducted
- disputes between the owners corporation, its manager and/or a lot owner about managers’ fees or performance, clauses in the management contract or handing over documents.
What are ‘neighbourhood disputes affecting service companies, company title corporations or unit owners’?
Anti-social behaviour and issues such as noise, residents’ conduct, use of common areas, parking, rubbish, unit repairs and maintenance, and pets.
- Short stay accommodation disputes
- When a lot owner breaks the owners corporation rules
- Some fees for maintenance of common facilities shared by lot owners
- Changes to a plan of subdivision
- Disposal of abandoned goods on common property
- Stop someone immediately from doing something or make them to do something immediately (interim injunction)
What are short-stay accommodation disputes?
Disputes must be on or after 1 February 2019. Where a guest:
- made excessive noise
- created a hazard
- interfered with others' use of common property
- interfered with an occupier or guest’s peaceful enjoyment
- caused damage to or altered a lot or common property.
What’s ‘When a lot owner breaks the owners corporation rules’?
For example, disputes about car parking, excessive noise or rubbish left on common property.
What’s an interim injunction?
An interim injunction orders the other party to do or stop doing something immediately, until VCAT hears your case. This is temporary.
To apply for an interim injunction you must explain in a statutory declaration or affidavit why:
- the situation is urgent, for example it will cause major damage
- an injunction is the most appropriate way to deal with the situation.
An interim injunction is not:
- a way to speed up your case or get an urgent hearing
- permanent or the final outcome.
You pay an additional fee for an interim injunction.
Legal consequences
To get an interim injunction you may have to give an ‘undertaking as to damages’. This means that if you lose the case at the final hearing, you may have to pay compensation to the other party for financial losses caused by the injunction. Find out more.
What we can't help with
- Calculating the amount owing of owners corporation fees
- Disputes about the management of service companies or company titles corporations
- Recovery of owners corporation fees if the fee notices weren’t given following the law
- Short-stay accommodation disputes if the properties involved are not part of an owners corporation
- Short-stay accommodation disputes if the lease or licence is more than 7 days and 6 nights
- Short-stay accommodation disputes if the dispute started before 1 February 2019
- Fencing disputes between company title corporations, shareholders or former shareholders, occupiers or former occupiers of units and their neighbours
- Some cases where one party lives in another state or is a Commonwealth government organisation
- Cases heard under federal law instead of Victorian law.
Can’t see what you’re looking for?
- Disputes about fees for the management of finances or the payment of fees for services provided to unit holders by a service company – see goods and services.
- Disputes about services under a short-stay accommodation contract – see goods and services.
- Disputes about use or flow of water between properties – see unreasonable flow of water between properties.
Get help and advice before you apply
We can help you understand how to apply. We can’t give you legal advice or tell you what to write in your application. These organisations may be able to help you.
Example cases
Case 1: Lot owner hasn’t paid their fees
Your lot owner hasn’t paid their monthly fees and you’ve sent a final fee notice. You’ve waited for 28 days after the final fee notice has been given but the fees haven’t been paid. You can apply to VCAT to make the lot owner pay their fees in arrears.
Case 2: Owners corporation hasn’t maintained common areas
The common area gardens have become overgrown. As a lot owner, you complain to the owners corporation that they need to maintain the gardens. The owners corporation doesn’t arrange a gardener. You can apply to VCAT to make an order that the owners corporation must maintain the gardens.
Case 3: Lot owner parks on common property
Another lot owner has been parking their car in front of their garage which blocks the common driveway. You complain to the owners corporation and they send the lot owner a breach notice. The notice tells the owner to move their car, but they haven’t. You can apply to VCAT to make an order for the lot owner to move their car, and stop them parking there in future.
Help and support
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Should I get a lawyer?
VCAT cannot give legal advice. If you do choose to get legal advice, you will need to pay any costs.
If you want to talk about what you should do, you can access free or low-cost legal advice or find a private lawyer.
If you want a lawyer or other professional representative to speak on your behalf at VCAT, let the other party know in writing before the hearing and ask permission when the hearing starts. You will need to explain why.For some case types you have an automatic right to representation.
If the claim is for goods and services under $15,000, we generally don’t allow a lawyer or other professional representative to speak for you at VCAT.
If you do choose to get legal advice, you’ll need to pay any costs.
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Who can I bring to VCAT?
You can bring someone with you to your hearing for support. This support person could be anyone you choose, including a friend or family member. They can’t usually speak on your behalf, but they can help explain what you need (for example, ask for a break).
You can’t bring someone to translate for you.
If you need an interpreter you must ask us for a VCAT interpreter.
Support for people affected by family violence
If you are a protected person or responding to a case and under a family violence intervention order, you can choose to bring a support person to VCAT. The support person can be anyone you choose, including a lawyer, social worker, family member or friend.
Find out more about support for people affected by family violence at VCAT.
If you want someone to speak on your behalf, you must ask for it in writing.
Template of written authority for someone to represent you
Use this template to give someone authority to represent you. We call this person an ‘agent’.
I, <NAME> (or Your Company Pty Ltd, if a company), a party in the VCAT case reference number xxxxx/20xx wish to be represented at VCAT.
I give permission for <representative's name and occupation> (add 'employed by the company' if you're a company) to represent me.
The agent has sufficient knowledge of the issues in dispute and has my permission to bind me to any settlement.
Date xx/xx/xx
Signed:______________ Name:______________ Position:______________
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What happens if I can’t come to VCAT?
If you can’t come to VCAT in person or on the scheduled date for a serious reason (for example, you have a disability, are away or unwell) you have a few options. You can:
- ask to attend by phone – VCAT decides if this is fair to all parties.
- apply to change the date (adjourn) two business days before you’re due to come. For a final hearing, you must do this at least five business days before.
- ask for permission to give someone the authority to come in your place. This is different from having a legal or professional representative.
Template of written authority for someone to represent you
Use this template to give someone authority to represent you. We call this person an ‘agent’.
I, <NAME> (or Your Company Pty Ltd, if a company),, a party in the VCAT case reference number xxxxx/20xx wish to be represented at VCAT.
I give permission for <representative's name and occupation> (add 'employed by the company' if you're a company) to represent me.
The agent has sufficient knowledge of the issues in dispute and has my permission to bind me to any settlement.Date xx/xx/xx
Signed:______________ Name:______________ Position:______________
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What concession card can I use?
VCAT fees are lower if you hold a current Health Care Card issued by the Federal Government. This is the only card we accept for concession fees.
Provide a colour copy, front and back, of your Health Care Card when you apply.
You aren’t automatically entitled to concession fees if you have a Pensioner Concession Card, Seniors Health Card, student concession card or other type of concession card. You can apply to have fees waived or reduced if paying them will cause you financial hardship. This is called an application for fee relief.
Apply for fee relief using a concession card.
See also: What can I do if I can’t pay the fees?