Resolving disputes - company title and stratum title

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Under the Company Titles (Home Units) Act 2013, residents of company title properties and stratum title subdivisions may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing to resolve a neighbourhood dispute.

Neighbourhood disputes, as defined in the Act, include matters such as noise, residents’ conduct, use of common areas, unit repairs and maintenance, and pets.

Company title corporations and stratum title service companies have rules, which may include rules related to neighbourhood matters. A company title or stratum title rule is of no effect if it unfairly discriminates against a resident. An example of a rule that was found not to be unfairly discriminatory in a recent owners corporation case was a rule preventing residents from using their units for commercial purposes.

VCAT has powers to make orders and impose penalties. However, it cannot alter a person’s shareholding or otherwise affect a company’s corporate governance.

Residents should contact VCAT with enquiries about a neighbourhood dispute.