The Owners Corporation (OC) intends to commence proceedings at the Victorian Civil and Administrative Tribunal (VCAT) against the owner of Lot 54.

On advice from Pelham Strata and recent VCAT decisions indicate that an Owners Corporation is required to obtain a special resolution prior to initiating legal proceedings of this nature.

This matter relates to an unauthorised storage cage installed within the car parking space of Lot 54, which is in breach of the Plan of Subdivision and the Model Rules.

The Plan of Subdivision PS410665J clearly provides for a maximum height clearance of 2 metres within the car parking areas (ground and upper ground levels). The structure installed by the owner of Lot 54 exceeds this limit and has approximate dimensions of:

  • Height: 2360mm (236cm)
  • Width: 1350mm (135cm)
  • Length: 2605mm (260.5cm)

The storage cage:

  • Extends beyond the boundaries of the lot and encroaches onto common property
  • Presents a potential safety hazard to occupants
  • Interferes with the use and enjoyment of other lots
  • Impacts the Owners Corporation’s ability to access and maintain common property services

Following a formal complaint received on 17 February 2026 from an adjoining lot owner, the Owners Corporation:

  • Issued a breach notice on 20 February 2026
  • Issued a final breach notice on 22 April 2026
  • Allowed reasonable timeframes for compliance
  • Provided the owner with approved design specifications and contractor details

Despite these efforts, the owner of Lot 54 has failed to rectify the breach.

Additionally, the owner of Lot 54 previously initiated VCAT proceedings concerning this matter in both 2025 and 2026, which were either withdrawn or struck out. The Owners Corporation has made genuine attempts to resolve the issue without resorting to litigation.

Lot owners should note that, if this resolution is not passed:

  • The Owners Corporation may be unable to pursue formal enforcement action through VCAT in relation to the unauthorised structure.
  • The storage cage would remain in place unless otherwise removed voluntarily by the lot owner, which may lead to:
    • increased insurance costs,
    • risk of non-compliance in essential services management i.e. fire services and emergency access,
    • voiding the building insurance policy entirely.
  • It may negatively impact the Owners Corporation’s ability to consistently enforce rules and subdivision requirements in future.

Accordingly, the Owners Corporation now seeks approval to commence proceedings at VCAT to obtain orders requiring the owner of Lot 54 to remove the storage cage so that it complies with the Plan of Subdivision and relevant rules.

Under Section 96 of the Act, a Special Resolution is passed if:

  • At least 75% of the total lot entitlements vote in favour of the resolution.

Alternatively, an Interim Special Resolution is passed if:

  • At least 50% of the total votes are in favour, and
  • No more than 25% of the total votes are against the resolution.

If an Interim Special Resolution is passed, notice (including the resolution text) will be sent to all lot owners within 14 days of the ballot closing. The resolution will become a Special Resolution 29 days after the ballot closes unless owners holding more than 25% of the total votes petition the secretary against it.

Please note that only one vote per lot is permitted and that only the registered lot owner is permitted to cast a vote unless a proxy is granted.

Proposed Special Resolution:

Proposed resolution 1: That the Owners Corporation resolves by special resolution to commence legal proceedings in the Victorian Civil and Administrative Tribunal (VCAT) against the owner of Lot 54. The proceedings are to seek orders requiring the owner of Lot 54 to remove the unauthorised storage cage, on the basis that the installation is in breach of the Plan of Subdivision PS410665J, including applicable height restrictions and lot boundaries; and constitutes a breach of the Model Rules of the Owners Corporation, including unauthorised use of and  encroachment onto common property.

Important.

  • Forms submitted after 5pm Wednesday 8th of July 2026 will be ruled invalid.
  • Votes will be tabulated according to the unit and proxies nominated by the voter in this form (regardless of any other units they own or proxies they hold).
  • Owners are advised that they have the right to appoint a proxy for this ballot. Submit a proxy here.
  • Hayley Wade is the returning Secretary for this ballot.

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Voting for this ballot has now closed.