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MMP 121 Property Law And Practice
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MMP 121 Property Law And Practice
0 Download6 Pages / 1,284 Words
Course Code: MMP 121
University: Deakin University
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Country: Australia
Question:
Your boss Hilary draws your attention to a recent case – Langevad v Victoria Body Corporate Services Pty Ltd (Owners Corporations) [2018] VCAT 784. Hilary believes that this case may assist you in your research and flag potential issues for Samantha. Hilary also advises that you will need to review the relevant legislation in Victoria relating to owners corporations.
Answer:
Introduction
This report highlights the issues faced by Samantha in the building where she has been residing for a period of seven years due to various reasons. The report thereafter, focuses on the purpose of property law and how it can be applied to resolve the issues that are being faced by Samantha. For doing so, it also seeks the relevant legislation that was applied in the recent case of Langevad v Victoria Body Corporate Services Pty Ltd (Owners Corporations) [2018]. Lastly, the report discusses the remedies that can be offered to Samantha for resolving such issues.
Relevant Legislation
The appropriate legislation that will be applicable in this case scenario is Property Law Act, 1974. This particular Act deals with the necessary and relevant sections that can be applied in this particular situation. The provisions constitute all the basic general rules that will affect the property thereafter. This Act therefore determines statutory duties on the owners of the corporations to repair and maintain the common property. Section 46 of the Owners Corporations Act, 2006 further states that an owner’s corporation should maintain and repair the damages of the fixtures and fittings of the common property and the common property as a whole. The property should be taken care of by the Manager as well and in good faith. The functions of a corporation should be carried out with proper care and good faith as per Section 5 of the Owners Corporations Act, 2006. These provisions of the legislation are important for every corporation to follow. Hence, it can be stated that the Australian property Law is referred to a system of laws that regulates and prioritizes the rights, interests and responsibilities of property law. The basic principles and objectives of property law are to encourage all the developing skills while dealing with the property laws. As per the legislation, the term property is very commonly used for defining the rights that are related to the property or things. The High Court of Australia in the case of Yanner v Eaton [1999] HCA 53 has established this. The Property Law also states that there is a major difference between possession and ownership. Property is however, immovable but can be transferred from one individual to another with the help of a deed. With the help of this legislation, it is possible for the individuals to exercise their property rights. A property right can therefore be in different kinds based on the type of the property.
Langevad v Victoria Body Corporate Services Pty Ltd (Owners Corporations) [2018] VCAT 784
This particular case discusses the relevant sections and provisions of the above-mentioned act that can be applied in various situations. The background of the case study states that one of the owners of the flat had a different view to the existing owners of the flat, as they could not maintain and repair the building as it have been stated under section 46 of the Owners Corporations Act, 2006. Mr. Langevad had raised various issues regarding the building as he was facing problems related to the funds that should be spent for making the necessary repairs. He had made his complaints regarding the painting, water leakage, brickwork, gates and the garden. He also stated that there was a lack of formal maintenance plan of the building. Thereafter, relevant provisions of the Owners Corporations Act, 2006 were applied thereafter. Section 46 that dealt with the process of repair and maintenance. Section 122 dealt with the duties of the manager. As per this section, the managers of the corporation must act in good faith and honestly. A manager is said to hold all the money that are usually held on behalf of an owner’s corporation on trust for the corporation. Overall, there was a breach of Section 46 of the above-mentioned act as the complaints of Mr. Langevad were correct. The painting and the downpipe were neglected and very low maintenance was provided to the drainage system of the kitchen wall. The claims were not made out therefore. Lastly, the case concluded by stating that the duties of the manager were also breached since they did not repair or maintain the common property accordingly. They also lacked faith along with due diligence and care.
Application of Langevad v Victoria Body Corporate Services Pty Ltd (Owners Corporations) [2018] VCAT 784 on the case scenario
As it has been observed in the case scenario that Samantha was facing trouble and having issues with the building where she has been residing for seven years. She had pointed out the issues that included cracks on the common property walls. She also stated that the building required painting. Samantha that dealt with the emergency exits of the house also mentioned another problem. Other residents of the building keeps it blocked with their bikes due to which it will get difficult for others to leave during the time of emergency. The facilities that are provided by the corporation were not being used properly and hence there was a breach of section 46 of the Owners Corporations Act, 2006. Thereafter, in this regard, it is noteworthy to mention here that the group of owners had decided to maintain the garden all by themselves but it was not professional in nature. For maintaining the edges, a professional gardener was hence required in such a scenario. This was also treated as a breach of section 122 as it was done in the case of Langevad v Victoria Body Corporate Services Pty Ltd (Owners Corporations) [2018]. These were the similar potential issues of both the cases. By applying the above-mentioned section, Samantha also mentioned that the nature and age of the building was not fine as the maintenance plan of a building should make sure that the owners of the corporation committee and the manager must keep an eye on the situation. However, it was not up to the mark and the expenses were wasted. The Committee did not repair the building because they thought it would be considered as the extra expenses for the maintenance. The legal position of Samantha being a seven-year-old resident of the committee can take certain actions against the committee of the building. Samantha can sue the owner of the corporation if she applies the relevant sections and provisions that have been mentioned above. The legal duties that are associated with the Manager of the building should be carried out ethically and legally. In case, these are not carried out accordingly then they will be held liable for breaching their duties. She was also a member of the owner’s corporation but however did not hold any position. She was believed to be pedantic, kept her apartment clean, and protested against any kind of wrongful acts taking place in South End Residential Apartments in Victoria.
Conclusion
In the conclusion, it can be stated that Samantha can exercise her legal powers and duties based on these issues and can apply the legislation of Owners Corporations Act, 2006. Samantha can use these relevant sections for defending her issues that she has been facing. Therefore, breach of legal duties will be considered a crime as per the legislation that has been mentioned above.
Recommendations
As it have been discussed above, Samantha can be entitled to the necessary remedies once she will file a case against the Manager of South End Residential Apartments in Victoria by stating her problems or issues in the notice. However, the relevant legislation must also be applied for obtaining the remedies.
References:
Statutes:
Owners Corporations Act, 2006
Property Law Act, 1974
Cases:
Langevad v Victoria Body Corporate Services Pty Ltd (Owners Corporations) [2018]
Yanner v Eaton [1999] HCA 53
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2018/784.html?context=1;query=langevad;mask_path=
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