The internal complaints process
Every owners corporation must have an internal complaints process. They can either adopt the rules laid out in the Owners Corporations Regulations 2018, or they can make up their own rules. But if they create their own rules, they must register them with Land Use Victoria to be enforceable.
The main point of having internal rules for an owners corporation is to provide a way of resolving disagreements between lot owners and other people involved with the owners corporation without resorting to legal action. Find out how to make owners corporation rules here.
The owners corporation complaints process should detail:
- The person to contact if you have a complaint
- How the complaints process works
- How to get more information
- How to make a note of the problem
- How to let the owners corporation committee or manager know about a problem
- How to talk about a problem at a committee meeting
- What the formal complaint procedures are
- How to get third-party help in resolving a dispute.
How do you make a complaint?
If you are a lot owner, tenant, or manager, you can notify the owners corporation of a problem using an approved form. The complaint must be due to a party’s inability to abide by the Owners Corporations Act 2006, the Owners Corporations Regulations 2018, or the owners corporation’s own stated rules.
The owners corporation response
The corporation can choose to take no action, but if that’s the case, it must provide its reasoning in writing to the person who complained. If they do take action, they must give the alleged guilty person an approved notice to rectify the breach. If the person is a tenant, the owners corporation will notify the lot owner.
What are the next steps?
Suppose they do not rectify things within 28 days. In that case, the owners corporation can give a final written notice, providing them another 28 days to amend things before the matter is referred to the Victorian Civil and Administrative Tribunal (VCAT).
If the owners corporation has a complaint against a lot owner, tenant, or manager, then the next thing to do is apply for a hearing at VCAT. But if a lot owner, tenant, or manager has a complaint, they must contact the Dispute Settlement Centre of Victoria (DSCV). The DSCV can help resolve disputes at a much lower cost than getting involved in legal proceedings, so it is worth discussing your dispute issues with them before you contact VCAT.
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