Victorian Current Acts

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OWNERS CORPORATIONS ACT 2006 - SECT 153

Decision whether to take action in respect of alleged breach

    (1)     This section applies if—

        (a)     a complaint is made under section 152; or

        (b)     it otherwise comes to the attention of the owners corporation that a lot owner or an occupier of a lot or a manager may have breached this Act or the regulations or the rules of the owners corporation.

    (2)     The owners corporation must decide—

        (a)     to take action under this Part in respect of the alleged breach; or

        (b)     to apply to VCAT for an order requiring the person to rectify the breach; or

        (c)     to take no action in respect of the alleged breach.

    (3)     An owners corporation must not take action under this Part or apply to VCAT for an order in relation to an alleged breach unless—

        (a)     the dispute resolution process required by the rules has first been followed; and

        (b)     the owners corporation is satisfied that the matter has not been resolved through that process.

    (4)     The owners corporation must not take action against a person under this Part or apply to VCAT for an order in respect of an alleged breach unless it believes on reasonable grounds that the person has committed the alleged breach.

    (5)     A decision under this Part cannot prevent the carrying out of an obligation under section 46 or 47 that is necessary to ensure safety or to prevent significant loss or damage.



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