VIC owners corporation complaint preparation checklist
Victorian owners corporation disputes are governed by the Owners Corporations Act 2006 and heard in VCAT. This checklist is for lawyers preparing complaints for or against owners corporations.
This is a 12-step checklist for preparing a Victorian owners corporation complaint. It covers internal resolution, rule breaches, and VCAT jurisdiction.
The checklist
Identify the complaint type
Identify whether the complaint is about rules, repairs, levies, or breach of duty.
Review owners corporation rules
Review the registered rules and any model rules adopted under section 138.
Gather evidence of breach
Gather photos, records, correspondence, and incident reports evidencing the breach.
Serve internal notice
Serve a notice to comply on the alleged breaching lot owner.
Allow reasonable time to remedy
Allow a reasonable time to remedy the breach before escalating.
Attempt internal dispute resolution
Follow the owners corporation internal grievance procedure if one exists.
Consider CAV mediation
Consider applying to Consumer Affairs Victoria for mediation before VCAT.
Prepare VCAT application
Prepare the VCAT application identifying the parties and orders sought.
Plead statutory grounds
Plead breach of section 46 duty or other statutory duty by the owners corporation.
Quantify orders sought
Specify injunctions, declarations, damages, or works orders sought.
Lodge with VCAT
Lodge application and pay VCAT filing fee.
Serve all parties
Serve the application on owners corporation and any affected lot owners.
When this checklist applies
Use when preparing a Victorian owners corporation complaint for VCAT.
Common pitfalls
- Skipping the internal notice to comply step
- Not pleading the statutory duty breach clearly
- Seeking orders VCAT cannot make
- Failing to follow internal grievance procedure
- Missing CAV mediation step where required
Run this checklist on a real matter
Quillio can prepare a VCAT owners corporation application and draft notices to comply. See /practice-areas/property-lawyers or start a free trial.
General guidance for Victorian owners corporation complaints. Apply specific rules and VCAT procedure.
Use this checklist on your matter.
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