Disputes about breaches of the Act, regulations and rules

An owners corporation, a lot owner Definition A member of an owners corporation who owns a unit, apartment, flat or lot. or an occupier of a lot may make an application about alleged breaches of the Owners Corporations Act, regulations or rules. These applications are made under the Owners Corporations Act 2006.

Before you apply

If you are making an application about a breach of the Owners Corporations Act 2006, regulations or rules, you must follow the dispute resolution procedure set out in the owners corporations rules. If the owners corporation has not made any rules of its own, the procedure in the model rules applies.

Who is the respondent?

In most applications, you should enter the owners corporation as the respondent Definition The party against whom orders or relief is sought by an applicant. in your application, not the management company nor the individual manager.

You should enter the full name of the owners corporation with its registered number, for example, 'Owners corporation PS 123456B'.

Do not forget to enter the owners corporation's address, which may be the address of the owners corporation manager.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Cases VCAT can hear

An owners corporation needs a special resolution to make an application at VCAT that is not about the recovery of owners corporations fees or breaches of the Act, regulations or owners corporations rules. The owners corporation must provide details of the special resolution to the Tribunal at the time of making the application.