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I’ve mentioned this before, about a VCAT decision in a test case I ran on Victoria’s strata governance. It’s now part of the public record but I think the identity rules do not allow me to go into details. So writing generally, strata owners in other major states should be grateful for their advantages in their strata governance and tribunal legislation. If the state government does not close the gap this year, Victoria may not be a good place to buy an apartment. What did the tribunal member say (and remember, there is no tribunal appeal pathway in Victoria other than to the Supreme Court, so hopeless usually)? To quote: “Application by lot owner to require owners corporation to put proposed motions by lot owner on AGM agenda, and to permit lot owners to attend committee meetings. Application dismissed. Sections 71(1)(2), 89D, 109 Owners Corporations Act 2006 (Vic) … I am of the view that there is no requirement upon the OC to include an item on the agenda of an AGM that has been proposed at the request of a lot owner. … [The applicant] says that it should be incumbent upon the OC to include on the agenda any motion proposed by a lot owner who is financial and is proposing a lawful motion. There is simply no provision in the Act, or elsewhere that requires the OC to do so, and the Tribunal cannot make the order as sought … There is no requirement to provide any notification to lot owners of committee meetings. Likewise, there is no legal requirement placed upon the OC requiring it to permit lot owners to attend committee meetings. There is logic in this. The committee are elected by lot owners at an AGM to consider issues and pass resolutions for the benefit of the OC and all of its members.” I think that’s clear, ha.
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