Catchwords – ss 76, 85, 111, 117, 122, 89G Owners Corporations Act 2006 (Vic). Application to lift stay of proceedings stayed due to the owners corporation not passing special resolution to commence proceedings. Ballot conducted to attempt to pass a special resolution to continue proceedings. Allegations that manager and committee members breached provisions of Owners Corporations Act 2006 (Vic) in the manner in which the ballot was conducted. Sections 85, 117 and 122 of the Owners Corporations Act 2006 (Vic) breached. Impact on validity of ballot as a result of breaches. Ballot results tainted, ballot invalid, application for lifting of stay dismissed.
Owners Corporation PS 331362S v Domingo (Owners Corporations) [2023] VCAT 404 (13 April 2023)