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www.teyslawyers.com.au © Copyright TEYS Lawyers 2013 Nicole Wilde, Senior Solicitor, TEYS Lawyers Melbourne (03) 9600 1128

A Sneak Peek at the Latest VCAT Strata Decisions

[Note: Written reasons and orders yet to be published by VCAT]

Operating a serviced apartment from your lot? You could be in breach of your owners corporation’s rules…

Last week, TEYS Lawyers successfully obtained VCAT orders for their owners corporation client as follows:

Orders: The lot owner must:

1. Immediately cease to carry on a business at lot [X] on plan of subdivision [X] also known as [X], Southbank, including the business of a serviced apartment.

2. Comply with the Owners Corporations Act 2006 and all applicable rules and regulations applicable to the owners corporation for plan of subdivision [X] and in particular the current special registered rule 2(d).

Note: Rule 2(d) states: “A Member must not, and must ensure that the Occupier of a Member’s lot does not - …use or occupy any lot or lots or any part thereof as a shop or other place for carrying on any trade or business”

3. Pay costs of the applicant as agreed but if not agreed, as taxed by the costs court on the County Court Scale.

[Emphasis added]

The orders and reasons of the VCAT will be published shortly.

Case Reference: [To be provided once VCAT decision published – estimated within 14 days]

27 November 2013