Power of the OC to regulate the use of car spaces on private title

  • Author : Tiphanie Acreman - 25-09-2013

In Black v Foo [2013] VCAT 1676, a lot owner was storing items (kayaks etc.) on car space on private title. The OC passed a rule preventing the use of car spaces other than for parking a vehicle. The Tribunal held that the OC had the power to make the rule under clause 5.2 of Schedule 1 to the OC Act which relates to the external appearance of lots. The rule was valid provided it did not infringe upon the lot owner’s right to use the land in accordance with any Planning Permit.

About the Author

Tiphanie Acreman

Recent Posts

Common property boundaries and the Water Act – who is liable for unreasonable flows of water into an apartment?

Tiphanie Acreman Date: 06-08-2019

Revised residential noise regulations

Tiphanie Acreman Date: 23-10-2018

Non-compliant cladding update

Tiphanie Acreman Date: 19-10-2018

Supreme Court confirms that OCs must carry out works to common property to avoid discrimination against persons with disabilities

Tiphanie Acreman Date: 29-06-2018

Which Prevails – the OC Rules or the Planning Permit Conditions?

Tiphanie Acreman Date: 21-06-2018

OCs may be obliged to carry out works to upgrade access for persons with disabilities

Tiphanie Acreman Date: 18-02-2018