VIC Body Corporate demanding fly screen down.

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waikit

Member
29 July 2020
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Hi, I am asking on behalf of my auntie.
My auntie had installed a fly screen facing out side her main entrance. She lives in an apartment with body corporate. Her body corporate demanding her to take it down for reason being "did not have pre-approval from the board and the fly screen apparently doesn't fit or look uniform to the whole appearance of the building". The body corp had already issued final notice to take down the fly screen. My question is;
1. If my aunt refused to take it down, what can the body corp do?
2. Can the body corp use their own man to remove the fly screen before VCAT ruling? (the case hasn't gone to VCAT yet)
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Assuming the Owners Corporation has the authority (not clear it has, check the rules), then:

1. Apply to VCAT for an order to take it down and charge your Aunty for the cost in doing so.

2. No, unless the rules say otherwise.