An example of an owners corporation fighting proposed developments on nearby land that may affect the amenity of lot owners.
Concerned that proposed nearby inner-city developments would affect the rights of lot owners in their development, an OC Committee sought a special resolution of members to enable the Committee to act as a ‘resident’s action group’ to scrutinise planning permit applications and make objections to them. A special resolution was required because this is not a function of the Committee specified in the OC Act.
The owners of a lot challenged the actions of the OC Committee and the OC. In deciding the issues the Tribunal, in Mahon v Owners Corporation PS349276K [2012] VCAT 1605 upheld the special resolution authorising the committee to provide the service to scrutinise and object to development applications. A special levy on lot owners to create a ‘fighting fund against developments’ was also held to be valid.
