Owner form
Owners Corporation complaint form
Use this form to notify your Owners Corporation of a breach of the rules, Act or Regulations by another lot owner, occupier or manager. You cannot use this form in relation to personal injury or to dispute a decision of the Owners Corporation.
Note: An Owners Corporation Manager has no authority when it comes to disputes. All outcomes and decisions are those of your Owners Corporation, not The Knight.
Sections 152 and 159A of the Owners Corporations Act 2006 (the Act), Owners Corporations Regulations 2018 (the Regulations) and Owners Corporation Rules (the Rules).
What happens next?
Once you submit this complaint form, The Knight will provide your submission to your Grievance Committee. Your Grievance Committee then has three options:
- Take action under Part 10 of the Owners Corporations Act.
- Apply to VCAT for an order requiring the person to rectify the alleged breach.
- Take no action in respect of the alleged breach.
The Owners Corporation cannot take action or apply to VCAT unless it believes, on reasonable grounds, that the person has committed the alleged breach.
If the OC decides to take action, the dispute resolution process set out in your Model or Registered Rules must first be followed. In most cases this includes attending a grievance meeting with all parties to the dispute. You can download a copy of your rules from the My Property Portal.
If the OC decides to apply to VCAT, the dispute resolution process must still first be followed.
If the OC decides to take no action, it must give you notice of that decision, setting out the reasons for it.
After the dispute resolution process
If the Owners Corporation has followed the dispute resolution process outlined in the OC rules and is satisfied the matter has not been resolved, it can choose to:
- Take no further action.
- Apply to VCAT, after achieving a special resolution.
- Issue a breach notice.
The Owners Corporation can elect to take no further action at any stage. You will be notified of this decision and the reasons for it.
What powers does VCAT have?
Section 165 of the Owners Corporations Act sets out what orders VCAT can make. The maximum fine VCAT can issue is $1,100, via an order imposing a civil penalty payable to the Owners Corporation.
Important information
- The Knight, as your Owners Corporation Managers, do not make any decisions relating to complaints. All decisions and actions are those of your Owners Corporation.
- If the Owners Corporation does not respond, or you are unsatisfied with the outcome, you can contact Consumer Affairs Victoria on 1300 55 81 81, who may be able to conciliate the matter. You can also apply directly to the Victorian Civil and Administrative Tribunal (VCAT) to hear your case — call 1800 133 055 for more information.
- In accordance with Section 158 of the Owners Corporations Act 2006, notices can only be delivered by post or in person.
- Your personal information is required by law to be disclosed in order to resolve the complaint.
- Details of all complaints and decisions are required to be reported to lot owners at the Annual General Meeting.
- Records of complaints must be kept by the Owners Corporation for seven years.