VIC Owners Corporation Victoria

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Bernadette

Member
3 September 2018
2
0
1
Member on our OC want some works and items asap. We have limited funds which we are saving for an OHS issue we need to fix. Individual lot owners are preposing to pay for items and works themselves so they do it now. Is this a conflict of interest? How do we manage quality of works and ownership if individuals pay?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
I’m not overly familiar with how Victorian owners corporations work, but the general rule is that if the work is of a common nature then everybody pays for it. That includes work which is in the common property but may only directly affect one lot - like a boundary fence.

Work solely within a lot will generally be that owner’s expense.

Your by-laws/rules may have something to say about how tradespeople are to be engaged and used.

If the work is in the common area and you don’t have sufficient funds available, you might want to consider a special levy.
 

Bernadette

Member
3 September 2018
2
0
1
I’m not overly familiar with how Victorian owners corporations work, but the general rule is that if the work is of a common nature then everybody pays for it. That includes work which is in the common property but may only directly affect one lot - like a boundary fence.

Work solely within a lot will generally be that owner’s expense.

Your by-laws/rules may have something to say about how tradespeople are to be engaged and used.

If the work is in the common area and you don’t have sufficient funds available, you might want to consider a special levy.

Thanks Rob for reply. Problem is there is no willingness to raise a special levy. So the individual has said they will pay for it in order to get it done i.e. to push the actions through. The proposal has not yet been accepted cost being one of the reasons for it not yet to pass. There are other reasons it has'nt passed including OHS. The lot owner is trying to remove cost from the decision process. I am thinking if it passes OC should pay that it isnt a good idea having one lot owner paying for the items as then who owns them?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
If the repairs are to common property the ownership of the property doesn't change.

But you should clarify that with the lot owner.