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Application to the Owners Corporation List

Summary

Name:

JESSCA Q. OBORDO

ID:

280524

Getting started

Which Act are you making this application under?

Please select an option

Owners Corporations Act 2006 S162 (general owners corporation dispute)

Are you making this application in response to another VCAT application that has been served on you? (including applications in other lists such as the Building & Property, Residential Tenancies and/or Civil Claims Lists)

No

Are there any related disputes about a residential tenancies agreement, domestic building contract, planning application or another civil claim?

No

Application fee

Claim details

What is the total value of the claim you are making?

2,702.75

Applicant

Application classification

Are you applying as?

A company

Do you have a health care card?

Fee relief

Are you seeking fee relief?

The application fee for making this application is:

400

Details of premises

Which address is this dispute about?

Address

Suburb

State

Postcode

Does the person making this application reside at this address?

Does the person you are making the application against reside at this address?

UNIT 1 62-64 RAILWAY ROAD

CARNEGIE

Victoria

3163

No

No

Applicant details

Who is making this application?

Row 1

Please specify below

an owners corporation

Your details

First name

OWNERS CORPORATION PLAN NO. RP016925

What is your address?

Address

Suburb

State

Postcode

SUITE 1.15, 202 JELLS ROAD

WHEELERS HILL

Victoria

3150

How can VCAT contact you?

Name/s of contact person

Contact number

Email

Do you want VCAT notices and correspondence emailed to you?

Rochelle Castro

1300072626

No

Representation

Are you represented by a lawyer or a professional advocate?

No

Representative details

Name of representative agency

Name/s of contact person

Contact number

Email

Reference number

Does your representative have an AUSDOC (DX) address?

Address

Suburb

State

Postcode

Respondent details

Who are you making this claim against?

Row 1

Please specify below

a lot owner or former lot owner of the owners corporation

Respondent details

Name and registered number (as stated on the Certificate of title)

ANTHONY JOHN BLOY

What is the respondent's address and contact details?

Address

Suburb

State

Postcode

Contact number

Email

1 / 62-64 RAILWAY RD

CARNEGIE

Victoria

3163

0419395504

How can VCAT contact the respondent?

Name/s of contact person

Contact number

Email

Rochelle Castro

1300072626

Respondent representation

Is the respondent represented by a lawyer or a professional advocate?

Don't know

Application details

About owners corporations application

Is there a special resolution in support of this application?

Is this application for the recovery of fees?

Is the application about a breach of the Owners Corporations Act, regulations or rules?

Has the owners corporation given any notices under Part 10 of the Owners Corporations Act?

No

Yes

Yes

No

What is this dispute about?

What is this dispute about?

1. The Applicant is and was at all material times an Owners Corporation incorporated and is capable of suing in accordance with the provisions of the Owners Corporations Act 2006 (Act).

2. The Respondents are and were at all material times the registered proprietor of the Lot 1 on Plan of Strata Subdivision 016925 and being the whole of the land more particularly known as Certificate of 09422 Folio 014 (Property).
3. By reason of the Respondents’ ownership of the Property, the Respondents are liable to pay to the Applicant any levies, fees and/or charges charged by the Applicant in respect of the Property.
PARTICULARS

Section 28 of the Act states that an owner for the time being and any purchaser in possession of a lot is liable to pay any outstanding fees, charges, contributions, or amount owing to the Owners Corporation in respect of that lot.

4. In accordance with the resolutions passed at its annual general meeting the Applicant resolved to:
a. set annual fees to cover general administration, maintenance and repairs, insurance and other recurrent obligations of the Owners Corporation for each of those years; and
b. charge penalty interest on any amount payable by a lot owner to the Applicant that is still outstanding after the due date for payment at the rate charged under the Penalty Interest Rates Act 1983.
PARTICULARS
c. The resolution was passed pursuant to Sections 23 and 24 of the Act. The Applicant’s solicitors are in the possession of the and can be inspected by way of appointment during usual business hours.
5. In accordance with Section 31 of the resolutions passed, the Applicant rendered a fee notice to Respondent (Fee Notice).
PARTICULARS
The Applicant’s solicitors are in possession of a copy of the Fee Notice and can be inspected by way of appointment during usual business hours.
6. The monies owing pursuant to the Fee Notice was not paid within 28 days after the date of issue of each fee notice or at all.
7. In accordance with Section 32 of the Act, the Applicant issued a Final Fee Notice to Respondent in respect of the monies owing by the Respondent to the Applicant (Final Notice).
PARTICULARS

The Applicant’s solicitors are in possession of a copy of the Final Fee Notice can be inspected by way of appointment during usual business hours.
8. The Respondents has failed, refused or neglected to pay the monies owing in response to the Final Fee Notice within 28 days after the date of issue of each final notice or at all and is in breach of the statutory obligation.
9. The Applicant seeks to recover the amount outstanding as a debt due to the Applicant in accordance with Section 30 of the Act in the sum of $2,702.75.
10. The amount of $$2,702.75.is made up of contribution fees levied, charges and interest.

11. Despite demand the Respondents has refused and or neglected to pay to the Applicant the amount of $2,702.75.

AND THE APPLICANT'S CLAIM AGAINST THE RESPONDENT

A. The amount of $2,702.75.
B. Interest .
C. Costs


What orders do you want VCAT to make?

Please select at least one from the list below

An order for the payment of money, An order that a party to do or not do something, An order that a party to comply with the Owners Corporations Act 2006

Hearing arrangements

Hearing arrangements details

Do you or any other person appearing at the hearing need special assistance? e.g. Hearing Loop, Interpreter, Security etc.

No

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