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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
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
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
1 / 62-64 RAILWAY RD
CARNEGIE
Victoria
3163
0419395504
How can VCAT contact the respondent?
Name/s of contact person
Contact number
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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