Sections 46 of the Victorian Owners Corporation Act requires the owners corp to maintain and repair common property. Section 47 requires it to maintain access for services such as garbage collection. (Both sections below).
I’m not entirely sure how you would raise an official complaint about the owners corp, the complaint form seems to be directed at individuals. And VCAT won’t consider a personal complaint about breaches of by-laws until it has been through your internal dispute resolution process
However, it may be that this is another process entirely and you can take it straight to VCAT. The easiest way to find out is by calling one of the advice and support numbers on this VCAT factsheet.
46 Owners corporation to repair and maintain common property
An owners corporation must repair and maintain—
(a) the common property; and
(b) the chattels, fixtures, fittings and services related to the common property or its enjoyment.
47 Owners corporation must repair and maintain services
(1) An owners corporation must repair and maintain a service in or relating to a lot that is for the benefit of more than one lot and the common property.
(2) An owners corporation may, at the request and expense of a lot owner, repair and maintain a service in or relating to a lot if it is impracticable for the lot owner to repair or maintain that service.
(3) In this section—
service includes a service for which an easement or right is implied over the land affected by the owners corporation or for the benefit of each lot and any common property by section 12(2) of the Subdivision Act 1988.
Note
The easements or rights that may be implied under section 12(2) of the Subdivision Act 1988 are those necessary to provide—
· support, shelter or protection;
· passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission);
· rights of way;
· full, free and uninterrupted access to and use of light for windows, doors or other openings;
· maintenance of overhanging eaves.