Victorian Numbered Acts

OWNERS CORPORATIONS AND OTHER ACTS AMENDMENT ACT 2021 (NO. 4 OF 2021) - SECT 73

After section 169H of the Owners Corporations Act 2006 insert —

" Division 1B—Proceedings commenced, prosecuted, defended or discontinued by lot owner on behalf of owners corporation

        169I     Lot owner may apply to VCAT to commence, prosecute, defend or discontinue any proceeding on behalf of owners corporation

    (1)     A lot owner may apply to VCAT for an order that authorises the lot owner to commence, prosecute, defend or discontinue a specified proceeding on behalf of the owners corporation.

    (2)     At the hearing of an application under subsection (1)—

        (a)     a lot owner has the burden of proving why VCAT should make an order under subsection (1) if—

              (i)     the owners corporation has not voted on a special resolution relating to the matter that is the subject of the lot owner's application; or

              (ii)     the owners corporation has unsuccessfully voted on a special resolution relating to the matter that is the subject of the lot owner's application and     an ordinary resolution would not have been passed; and

        (b)     any other party to the application has the burden of proving why VCAT should not make an order under subsection (1) if the owners corporation has unsuccessfully voted on a special resolution relating to the matter that is the subject of the lot owner's application and an ordinary resolution would have been passed.

Note

See section 18.

        169J     VCAT may make order authorising lot owner to commence, prosecute, defend or discontinue proceeding

    (1)     On an application under section 169I, VCAT, by order, may authorise a lot owner to commence, prosecute, defend or discontinue any proceeding specified in the order, on behalf of the owners corporation.

    (2)     VCAT may make an order under subsection (1) whether or not the application for the order is made by the lot owner in relation to an owners corporation dispute under section 162.

    (3)     If the application for the order is made in relation to an owners corporation dispute under section 162, in deciding whether to make an order under subsection (1), VCAT must consider the matters specified in section 167.".