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VIC Body Corporate Issues in Small Unit Complex

Discussion in 'Property Law Forum' started by Lauranne, 2 February 2015.

  1. Lauranne

    Lauranne Active Member

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    I own one unit on a lot of four. The units do not have a professional body corporate. A mother and her son own the units either side of mine. Another person owns the fourth unit. The units owned by the mother and son need maintenance (holes/grass in guttering, peeling paint etc). The common ground needs mowing/weeding.

    The lot also has a rubbish bin corale that is overflowing. It was built in the 1970's for 4 small rubbish bins not the large 16 rubbish bins that are currently there. Green waste bins, recycle bins and 2 rubbish bins are scattered around the corale (in the front yard/entrance) making it look like a tip.

    I have offered to install a new corale at my own expense to accommodate the extra bins because the existing one devalues the property. Unfortunately the mother and son don't want a larger corale, preferring the current mess instead (even though I offered to pay for it). The mother tried to have the council remove the green waste bins, however the tenants need them.

    There is also a sewer pipe (a little taller than a power pole) acting as a vent. It is rusty and in need of sanding and a coat of paint.

    The other landlords do not want to pay money for the satisfactory upkeep and improvement of the lot with the mother even trying to make me pay for a water tap to be installed into the front wall and yard of her unit. She says it's a body corporate issue because the pipe needed for her tap would have to extend beneath the common ground from my tap (on my unit) to her proposed tap on her unit.

    My son will be living at the unit so I want it to look reasonably tidy. He will mow the common ground for free but the other landlords still won't contribute anything despite this.

    I'm thinking I need to enlist the management of a professional body corporate for the lot. A real estate agent told me that it only takes one landlord to request this for it to be enforced. Does anyone know if that is true?

    Also, is the council liable for the maintenance of the sewer vent (from the council sewerage pipes servicing the suburb) or is it the landlords responsibility?

    Thank you.
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi @Lauranne
    An owners corporation can appoint a person to be the manager of the owners corporation - see section 119 of the Owners Corporations Act 2006 (VIC). The appointment of the owners corporation manager requires an ordinary resolution at a meeting or by ballot. So the resolution has to be passed by a minimum of 50% of eligible votes.

    See the Consumer Affairs Victoria “Working with your owners corporation manager” page for detailed information. Make sure you appoint a legitimate owners corporation manager with reasonable rates (Consumer Affairs has information on those listed on the Public register of owners corporation managers).

    Re the council pipes, perhaps check with the council, or if you end up appointing a manager, perhaps they can help you.
     
  3. Lauranne

    Lauranne Active Member

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    Thank you Amanda E your answer has been very helpful.
     

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