169ELoss of amenity compensation order

169E Loss of amenity compensation order

(1) VCAT may make an order for compensation in favour of an occupier (a loss of amenity compensation order) who resides in the same building or part of a building where a short-stay occupant resides, and has suffered a loss of amenity caused by a breach by the short-stay occupant of the proscribed conduct referred to in subsection (2).

(2) For the purposes of this section, VCAT may make a loss of amenity compensation order in relation to the following breaches by a short-stay occupant—

(a) unreasonably creating any noise likely to substantially interfere with the peaceful enjoyment of an occupier of another lot (other than the making of noise where the owners corporation has given written permission for that noise to be made);

(b) behaving in a manner likely to unreasonably and substantially interfere with the peaceful enjoyment of an occupier of another lot;

(c) using a lot or the common property, or permitting a lot or the common property to be used, so as to cause a substantial hazard to the health, safety and security of an occupier;

(d) unreasonably and substantially obstructing the lawful use and enjoyment of the common property by an occupier or a guest of an occupier.

(3) The maximum amount of compensation that VCAT may order under this section is $2000 for each affected occupier for each breach.

(4) An application for a loss of amenity compensation order must be made within 60 days of the relevant breach.

(5) A loss of amenity compensation order may
be made in addition to any order made under section 165(1)(c)(ii).

(6) Where VCAT makes loss of amenity compensation orders in favour of multiple applicants in relation to the same breach, in determining the amount of compensation to be paid under each order, VCAT must take into account whether the total compensation proposed is proportional to the harm caused by the breach.

S. 169F inserted by No. 34/2018 s. 7.