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Answered in 16 hours by:
5/14/2018
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,970
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedHi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.
In Victoria and Ballarat where there are two or more units on one lot it is compulsory to have a owners corporation “OC” (also called body corporate) to manage the common area.
Where the OC is inactive all lot owners will be at risk of liability to for injury to person or property, and individual property insurance will not protect that party from such liability.
To determine what is the common areas, it will be necessary to call up a plan of subdivision.
The plan of subdivision will detail the common areas in question.
Where there is an inactive OC it is recommended that the OC be made active to avoid liability.
If there is a OC and where the owners corporation (OC) is not acting as required the next step is to raise proceedings in VCAT.
The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.
In most cases at mediation the matter will settle.
The matter is Civil.
You will be the applicant and the OC the respondent.
The important filing document is the points of claim. This document needs to be carefully drafted.
I recommend that you download the application first, complete the same and then upload as required to commence the claim.
The following link will assist you further.
https://www.vcat.vic.gov.au
Would you like to consider this option ?
You have a legal right to protect your interests in this important situation.
If you need any further information let me know and I will be pleased to assist.
You can come back to this post any time to ask questions and there will be no further charges to you.
Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.
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John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,970
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedJohn Melis and 87 other Australia Law Specialists are ready to help you
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
