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

The Victorian Supreme Court has upheld an earlier decision by VCAT which found that owners corporations provide “services” in relation to common property for the purposes of s44 of the Equal Opportunity Act 2010. The practical effect of this decision is that owners corporations are obliged to make “reasonable adjustments” to the common property to avoid discrimination against persons with disabilities.

Whether a proposed adjustment is reasonable will be determined by having regard to all the relevant facts and circumstances, including the cost of the works and the effect on the person’s use and enjoyment of the common property if the works are not carried out.

A summary of the VCAT case is available here.

The full text of the Supreme Court decision is available here.