Within 14 working days after receipt of a complaint in the approved form, a meeting must be held between the complainant and either the grievance committee or the owners corporation. A person who may be a lawyer may represent each party.

If the owners corporation decides not to take action or to apply to VCAT for an order in respect of an alleged breach, it must notify the complainant setting out reasons for the decision (s.154). Presumably, that is not the case if it is the owners corporation that made the complaint. If it decides to take action, it must give notice to rectify the breach followed by a final notice (ss.155-157). There is case law to suggest that such notice is unnecessary in circumstances where it would be futile to do so.

If the owners corporation does not respond or the complainant is unsatisfied with the outcome, conciliation through CAV is available. There is nothing to prevent the complainant (not the owners corporation) applying directly to CAV and avoid the internal dispute resolution process.

Section 159 requires that the owners corporation reports at an AGM any complaints received and where action is taken at VCAT. The report must not identify the parties in dispute.

The Owners Corporation List of VCAT that hears owners corporations disputes is a no-cost jurisdiction that excludes legal representation for small claims under $10,000. Under section 168 of the OC Act, the VCAT has the discretion to award monetary orders, including expenses and costs on application. An owners corporation must follow up a notice with a final notice before applying to VCAT (s.157).

An owners corporation can apply to VCAT for an exemption from compliance with certain requirements under the OC Act (s.170). An application for an exemption from the requirement to have a unanimous resolution requires that the vote in favour of the resolution be at least 75%, with no votes in the negative (s.171(4)).

Clause 51ADA of Schedule 1 of the VCAT Act provides that the Tribunal may make an order for costs incurred by an OC other than costs incurred by a professional advocate such as those of a manager.

The impact of trespass to land and driveway obstruction by a motor vehicle may range from temporary nuisance to major disruption, and self-help mechanisms such as the attachment of wheel clamps, obstructing or otherwise detaining an offending vehicle or demanding payment for the release of that vehicle is an offence under the Road Safety Act 1986 (Vic) ("RSA"). The Model Rules also prohibit obstruction of common property.

Police, municipal council officers and the owners corporation will not be involved with illegal parking on private land unless the offending vehicle is blocking a driveway and causing obstruction to traffic. An abandoned vehicle on private land will be removed by the local council following appropriate inquiries.

Parking in the private car space of another person presents difficulties. Vic Roads will not provide the name of the registered owner on grounds of privacy. Though an owner or occupier may remove a trespassing vehicle from their property to a place within a reasonable distance from the subject land, such person or persons would be liable for any damage to the vehicle or the possibility of charges for theft or interference with a vehicle under section 70 of the RSA.

Other options include the installation of lockable metal barriers where the problem is frequent or a notice placed on the vehicle that threatens legal action. Do not lift the windscreen wiper for fear of a claim of interference. Alternatively, commence proceedings in the Magistrates' Court of Victoria. In such event, photographic evidence of the trespass and/or a witness is advised.

The owners corporation may enter into a parking area agreement with the local council to enforce parking restrictions; however, this option is not available in certain controlled situations, such as underground parking.

Under the OC Act, common property affected by an owners corporation is not subject to adverse possession (a claim of ownership) by another lot owner, irrespective of the period of possession (s.222), but a neighbour who is not an owner in the plan of subdivision may make a claim.

Approval for the installation of individual water meters is obtained by a majority vote of the committee or the owners corporation. Where a complex is served by one meter, the water authority will often apportion charges equally among lots. The owners corporation may pass an ordinary resolution that consumption be levied according to lot liability. The authority must be notified in writing with the schedule of lot liability included (s.24 Water Industry Act 1994 (Vic)).

It is not generally appropriate for an owners corporation to lodge an objection to a planning permit, as that is not a function or power conferred in sections 4 or 6 of the OC Act. The owners corporation does not have representative capacity to object on behalf of owners whose interests are affected by the planning proposal. Ordinarily, an owners corporation will not have any proprietary interest that is adversely affected by a planning application.

However, in the event that the owners corporation objects and the matter ultimately proceeds to the VCAT, the likelihood is slim that the owners corporation would be at risk of an adverse costs order. Section 109(1) of the VCAT Act makes it clear that there is a presumption that each party bears its own costs. The Tribunal may make an order awarding costs if satisfied that it is fair to do so, having regard to factors listed in section 109(3).