169ILot owner may apply to VCAT to commence, prosecute, defend or discontinue any proceeding 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.

See section 18.

S. 169J inserted by No. 4/2021 s. 73.