163Who may apply to VCAT in relation to a dispute?

163 Who may apply to VCAT in relation to a dispute?

(1) Any of the following persons may apply to VCAT to resolve an owners corporation dispute—

(a) a manager or former manager;

(b) a lot owner or former lot owner;

(c) the owners corporation;

(d) an occupier or former occupier of a lot;

(e) a mortgagee of a lot;

(f) an insurer under a policy taken out by the owners corporation;

(g) the Director.

S. 163(1A) inserted by No. 36/2011 s. 11.

(1A) A lot owner may apply to VCAT on behalf of an owners corporation to resolve an owners corporation dispute.

This subsection clarifies that the rule in Foss v Harbottle (1843) 67 ER 189 does not apply to owners corporation disputes.

(2) An application to VCAT by the owners corporation for an order requiring a lot owner to pay an amount payable by the lot owner to the owners corporation can only be made if the amount is not paid within 28 days after the final notice is given under section 32.

S. 164 amended by No. 4/2021 s. 69.