OC Complaint Form.

Sections 152 and 159A of the Owners Corporations Act 2006 (the Act), Owners Corporations Regulations 2018 (the Regulations) and Owners Corporation Rules (the Rules).

Details of person(s) making this complaint:

Plan Number (if known):

Lot number:(Required)

Property Address:(Required)

Street Address Suburb Postcode

Name (s):(Required)

Full name (s)

Are you a (please select one):

Lot Owner

Occupier/Tenant

Agent

Other

Contact Number(Required)

Email:(Required)

Postal Address (if different from above):

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Details of person(s) you are making the complaint against:

Plan Number (if known):

Lot number:(Required)

Property Address:(Required)

Street Address Suburb Postcode

Name (s):(Required)

Full name (s)

Are they a (please select one):

Lot Owner

Occupier/Tenant

Agent

Other

Details of complaint/alleged breach of the rules, Act or Regulations:

Describe what the complaint/breach is about including dates and times (if known):(Required)

What has been done to try to resolve this complaint? Please describe what you have done, who you have talked to and what they offered to do:(Required)

What remedy are you seeking – how do you want the problem to be solved?:(Required)

Declaration and signature of complainant:

I declare that the above information is true and correct to the best of my knowledge. I agree that the information I have given in this form may be used or disclosed by the owners corporation to process and resolve this complaint.

Signature:(Required)

Date(Required)

(dd/mm/yyyy)

Δ

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:

1. take action under Part 10 of the OC Act
2. apply to VCAT for an order requiring the person to rectify the alleged breach
3. take no action in respect of the alleged breach

The OC 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 as outlined in your Model or Registered Rules must first be followed.

In most cases, this will include you 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.

Please be aware: a recent VCAT case has determined that for all disputes not relating to monetary relief, an OC must achieve a special resolution before taking a dispute to VCAT. This requirement makes this course of action more onerous and may prohibit the OC from taking it.

If the OC decides to take no action, the OC must give you notice of their decision. The notice must set out the reasons for the decision.

After the Dispute Resolution Process.

If the OC has followed the dispute resolution process outlined in the OC rules and they are satisfied the matter has not been resolved, they can choose to:

1. take no further action
2. apply to VCAT (after achieving a special resolution)
3. 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.

Learn more about OC Complaints >

What powers does VCAT have?

Section 165 of the OC Act outlines what orders VCAT can make >

The maximum “fine” VCAT can issue is $1100 (via an order imposing a civil penalty to be paid to the owners corporation)

Important information.

• The Knight as your Owners Corporation Managers do not make any decisions relating to complaints, all decisions/actions are those of your Owners Corporation
• If the owners corporation does not respond or you are unsatisfied with the outcome you can contact Consumers Affairs Victoria on 1300 55 81 81 or visit the Consumer Affairs Victoria website who may be able to help conciliate the matter or you can apply directly to the Victorian Civil and Administrative Tribunal (VCAT) to hear your case. For more information on VCAT applications call 1800 133 055 or go to Victorian Civil and Administrative Tribunal.
• 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 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 7 years.