OWNERS CORPORATIONS ACT 2006 - SECT 165 What orders can VCAT make?

OWNERS CORPORATIONS ACT 2006 - SECT 165

    (1)     In determining an owners corporation dispute, VCAT may make any order it considers fair including one or more of the following—

        (a)     an order requiring a party to do or refrain from doing something;

        (b)     an order requiring a party to comply with this Act or the regulations or the rules of the owners corporation;

S. 165(1)(ba) inserted by No. 36/2011 s. 12, repealed by No. 4/2021 s. 70(1)(a).

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        (c)     an order for the payment of a sum of money—

              (i)     found to be owing by one party to another party;

              (ii)     by way of damages (including exemplary damages and damages in the nature of interest);

              (iii)     by way of restitution;

S. 165(1)(ca) inserted by No. 4/2021 s. 70(1)(b).

        (ca)     an order requiring a lot owner to pay to the owners corporation reasonable costs incurred by the owners corporation in recovering an unpaid amount from the lot owner (other than costs in the proceeding);

        (d)     an order varying any term of a contract or agreement;

        (e)     an order declaring that a term of a contract or agreement is, or is not, void;

        (f)     an order declaring—

              (i)     the terms of a delegation; or

              (ii)     the meaning of a rule of the owners corporation;

        (g)     if an owners corporation is required under this Act to have a committee and a committee has not been appointed at or immediately after the first annual general meeting, an order appointing a committee of the owners corporation;

        (h)     an order appointing (with the person's consent) or revoking the appointment of—

              (i)     the chairperson of the owners corporation;

              (ii)     the secretary of the owners corporation;

              (iii)     a member of a committee or sub‑committee of the owners corporation;

              (i)     an order—

              (i)     appointing a person (with the person's consent) as manager of the owners corporation, on specified terms and conditions;

              (ii)     revoking the appointment of a manager of an owners corporation;

              (iii)     imposing conditions or restrictions on the management by a manager of the owners corporation;

        (j)     an order in relation to damaged or destroyed buildings or improvements;

        (k)     an order as to the payment of insurance money under any policy taken out by an owners corporation;

        (l)     an order requiring an order to be recorded in the owners corporation register, the register of managers or in the Register kept under the Transfer of Land Act 1958 ;

S. 165(1)(m) amended by No. 4/2021 s. 70(1)(c).

        (m)     an order requiring the Registrar to amend the Register;

S. 165(1)(n) inserted by No. 4/2021 s. 70(1)(d).

        (n)     an order requiring an occupier of a lot to grant entry to a lot or a building on a lot to a person authorised by an owners corporation for the purposes of section 50.

    (2)     In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate it thinks appropriate.

    (3)     VCAT may make any interim orders and ancillary orders it thinks fit in relation to an owners corporation dispute.

S. 165(4) inserted by No. 4/2021 s. 70(2).

    (4)     This section does not affect VCAT's power to award costs under section 109 of the Victorian Civil and Administrative Tribunal Act 1998 .

Note

Clause 51AD of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 provides that any member of VCAT can make a declaration in a proceeding under this Act.

S. 166 amended by No. 4/2021 s. 71(1).