153Decision whether to take action in respect of alleged breach

153 Decision whether to take action in respect of alleged breach

(1) This section applies if—

(a) a complaint is made under section 152; or

(b) it otherwise comes to the attention of the owners corporation that a lot owner or an occupier of a lot or a manager may have breached this Act or the regulations or the rules of the owners corporation.

S. 153(1A) inserted by No. 4/2021 s. 66(1).

(1A) This section does not apply to the recovery of any fees, charges, contribution or amount owing to an owners corporation under section 28.

Division 1 of Part 3 applies to recovery of fees and other amounts.

(2) The owners corporation must decide—

(a) to take action under this Part in respect of the alleged breach; or

S. 153(2)(b) amended by No. 4/2021 s. 66(2).

(b) to apply to VCAT for an order requiring the person to rectify the alleged breach; or

(c) to take no action in respect of the alleged breach.

S. 153(3) amended by No. 4/2021 s. 66(3).

(3) An owners corporation must not take action under this Part or apply to VCAT for an order in relation to a complaint made under section 152 unless—

(a) the dispute resolution process required by the rules has first been followed; and

(b) the owners corporation is satisfied that the matter has not been resolved through that process.

(4) The owners corporation must not take action against a person under this Part or apply to VCAT for an order in respect of an alleged breach unless it believes on reasonable grounds that the person has committed the alleged breach.

(5) A decision under this Part cannot prevent the carrying out of an obligation under section 46 or 47 that is necessary to ensure safety or to prevent significant loss or damage.