Fee recovery — “owners corporation fee” levied and used for community-wide features of Sanctuary Lakes, not for common property within the subdivision that includes the respondent’s lot — whether levying the fee is within the functions and powers of the owners corporation — whether a special resolution is required before such a fee may be levied — whether the fee should be levied in accordance with lot liability or under the benefit principle — whether previous Tribunal decisions should be followed — whether payment of fees has been proved — Owners Corporations Act 2006 (Vic) ss 4, 6, 12, 24, 56, 47. Cross-claim by lot owner — prohibited debt collection practices — whether the owners corporation engaged in conduct “in trade or commerce” — whose obligation it is to mow nature strip which is common property — whether the owners corporation followed dispute resolution and reporting requirements — Owners Corporations Act 2006 (Vic) Part 10 — Australian Consumer Law and Fair Trading Act 2012 (Vic) ss 45, 46.
Owners Corporation No 1 PS401009W v Anderton (Owners Corporations) [2023] VCAT 426 (20 April 2023)