#24838
Jimmy-T
Keymaster

    You have a very strong claim on several fronts. The Victorian Owners Corporation Act says the Owners Corp is allowed to set up metering  for the provision of services to common property (Schedule 1, 3.4).

    It also requires the initial owners to act “in the interests of the owners corporation” while they are owners of the majority of the lots.

    If you don’t want to waste money pursuing them through the courts, flip the confrontation.  Tell them that, if you fail to reach a reasonable agreement, you will be cutting off the electricity supply and if they don’t like it, they can sue the Owners Corp.  Check with a lawyer but it looks like you have a number of instances where they have acted wrongly

     

    68. Obligations of initial owner

    (1) Subject to sub-section (3), the initial owner of land affected by an owners corporation must act honestly and in good faith and with due care and diligence in the interests of the owners corporation in exercising any rights under this Act.

    (2) Subject to sub-sections (3) and (4), the initial owner of land affected by an owners corporation must take all reasonable steps to enforce any domestic building contract (within the meaning of the Domestic Building Contracts Act 1995) entered into by the initial owner in respect of land in the plan of subdivision providing for the creation of the owners corporation.

    (3) Sub-sections (1) and (2) apply to an initial owner only while the initial owner is the owner of the majority of the lots affected by the owners corporation and only until the end of the period of 5 years following the registration of the plan of subdivision.

    (4) Sub-section (2) applies only to the enforcement of a breach of contract— (a) to the extent that it relates to the common property affected by the owners corporation; and (b) of which the initial owner is aware or ought reasonably to be aware.

    (5) In this section “initial owner” means the person who was the applicant for the registration of the plan of subdivision.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.