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Complaints
Complaints to the owners corporation relation to an alleged breach of the Owners Corporation Act 2006, the Regulations or rules by a lot owner, an occupier or a manager must be made in writing to the owners corporation in the approved form.
If an owners corporation decides to take no action, it must provide written reasons.
If an owners corporation decides to take action, it must give notice to the person who is alleged to have committed the breach. If the person about whom the complaint has been made is not the lot owner, then the owners corporation must also give a copy of the notice to the lot owner. The notice must be in writing in the approved form and the breach must be rectified within 28 days of the notice being served.
What if the breach is not rectified?
If the problem is not resolved within 28 days, the owners corporation can extend the deadline for action. The owners corporation can also choose to issue the individual with a final notice.
The final notice must be in writing and on an approved form. A final notice states that the individual has 28 days form the date of the notice to comply. The notice must also state that if the breach is not rectified within that time, the owners corporation may take the matter to VCAT for an order.
Before going to VCAT, the owners corporation must try to resolve the matter through its internal dispute resolution process.
