Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 34D

Applications relating to plans

34D. Applications relating to plans



(1) A member of the owners corporation, an owners corporation, an
administrator of an owners corporation or a person with an interest in the
land affected by the owners corporation may apply to the Victorian Civil and
Administrative Tribunal for-

   (a)  an order requiring the owners corporation to do any of the things set
        out in section 32 or 33; or

   (b)  an order consenting on behalf of a member or group of members of an
        owners corporation to the doing by the owners corporation of any of
        the things set out in section 32 or 33; or

   (c)  an order consenting on behalf of a person whose consent to the
        registration of a plan is required under section 22; or

   (d)  an order restraining the owners corporation from doing any action
        under this Act or the regulations.

(2) The Victorian Civil and Administrative Tribunal may make an order on an
application under subsection (1)(a) even though there is no unanimous
resolution of the owners corporation authorising the action.

(3) The Victorian Civil and Administrative Tribunal must not make an order on
an application under subsection (1)(b) unless it is satisfied that-

   (a)  the member or group of members cannot vote because the member is or
        the members are dead, out of Victoria, or cannot be found; or

   (b)  for any other reason it is impracticable to obtain the vote of the
        member or members; or

   (c)  the member has or members have refused consent to the proposed action
        and-

   (i)  more than half of the membership of the owners corporation having
        total lot entitlements of more than half of the total lot entitlement
        of the members of the owners corporation consent to the proposed
        action; and

   (ii) the purpose for which the action is to be taken is likely to bring
        economic or social benefits to the subdivision as a whole greater than
        any economic or social disadvantages to the members who did not
        consent to the action.

(4) For the purposes of sections 32 and 33, an order made on an application
under subsection (1)(b) is to be treated as a vote by the member in favour of
the proposed action of the plan.

(5) The Victorian Civil and Administrative Tribunal must not make an order on
an application under subsection (1)(c) unless it is satisfied that-

   (a)  the person whose consent is required is dead or out of Victoria or
        cannot be found; or

   (b)  it is otherwise impracticable to obtain the person's consent; or

   (c)  it is impracticable to serve the person with the notice under section
        22(1B).

(6) Subject to this section, the Victorian Civil and Administrative Tribunal
may make any order it thinks fit on an application under this section.