Tips for self representing: VCAT Owners Corporation List

For owners against managers, owners corporations, and VCAT members.

The VCAT Owners Corporation list is fully funded by the Victorian Property Fund, which in
turn is funded by Real Estate Agents and Owners Corporation Managers. Consequently a
conflict of interest exists. VCAT is certainly perceived as having a bias towards managers.
VCAT not only refuses to rule against managers and OCs, but it protects them by coming
down hard on any owner who dares to complain. The linked article from The Age below, is a
small sample of the bias.
http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered20130205-2dwj0.html
However, if you decide to represent yourself against an Owners Corporation or manager,
how can you ensure you get a fair go well the fact is you cant. But the following tips may
help.
1. Agreeing to solicitor representing the OC: The members have the power to allow solicitor
to represent managers. However, they will ask if you mind if the OC being represented. If
you say you dont mind you are agreeing to the solicitor representing against you, because
you agreed this makes it easier for the member to order you to pay costs. (Yes, solicitors
are not supposed to represent in cases under $10,000, and Members are not supposed to
order such legal costs against owners but remember the laws are only a guide at VCAT)
2. Financials: If you have previously voted to accept the financials at ann AGM etc,
members will claim you you cant now complain. A simple fact is that its not illegal to
change your mind. If circumstances now show the financials do not add up, say that to the
Member.
3. Voting, abstain from voting: Because of the above its best if you always abstain from any
OC voting. Including financials and other issues.
4. Documents - how to get them: Owners Corporation Managers are notorious for not
providing OC document inspections as required by the OC Act. Members are just as
notorious for not ordering Managers to do so. This denies the owner viewing documents. To
get documents quote the Corporation Act, Section 144 etc.
5. Documents costs: dont let member charge you ridiculous fees to view/copy documents.
By the Act you are allowed to inspect the documents at no charge. Take your own scanner
or camera to copy documents. Take a witness to inspect documents, otherwise the manager
may claim he refused to show you documents because you became aggressive, or that he
showed you all documents when he in fact refused. If you have these types of issues sigh
an affidavit stating exactly what happened.
6. Confirm with the member what you should do if you dont get documents as ordered. This
way when you go back to VCAT complaining that the manager refused to show you
documents, if the member abuses you for wasting time, you can say you are only following
VCAT's previous direction.

7. Dont be fooled into believing youre guilty: Members may intimidate you, to make you feel
guilty. Once you start to doubt yourself youre as good as done. Dont be intimidated by
Members ignoring or denying your claims, or gesturing and yelling at you. Stand up for due
process.
8. Take a witness to sit in the hearings gallery. This makes it harder for member to unfairly
rule against you. But a warning, members will try and discredit you in the eyes of the
witness, and once that's done, he will whitewash against you. You need a witness who is
legal savvy. Someone who knows how VCAT works.
9. Dont stay silent when the member makes significant claims against you, because this
means you are effectively agreeing, which makes them legal. If you disagree (Say for the
record) with false rulings by member they are easier to appeal.
10. OC & manager solicitors may open with a list of insignificant and false claims, including
details such as dates to upset the owner, The Member may play the game and stare the
owner down at the same time. This is an attempt to intimidate and upset the owner. Take
notes, and answer each claim in turn. This will make the solicitor look foolish, and show the
members that you are not his fool.
11. Member questioning Owners Corporation or its solicitor: To make it appear that no bias
exists, Members will only ask the OC representative questions they know they can answer.
For example the member may demand copies of the VCAT application form, knowing full
well that if the OC does not have a copy, that he has a copy in his file (The member will first
look through his file and act surprised that they find it).
12. Have the orders written properly. The member writes the orders in an obscured way
then denies the intended orders at a latter hearing. For example he leaves off significant
dates, detail, etc. Dont trust members with orders insist that they are written as stated.
13. Audio: Dont think that if the member is blatantly ignoring law that you can get audio and
appeal. Members audit hearing audio. This includes their own silly claims, abusive
comments, manager & solicitors comments that indicate guilt.
14. The Act and its laws only applies against owners. In a serious case, if an owner tries to
put claims against a manager, the member will dismiss or view them as trivial. If this upsets
owner bonus because this gives the member an excuse to whitewash against the owner.
15. Don't claim fraud or make serious allegations without getting documents/proof first.:
VCAT members despise anyone who effectively claims fraud against a manager. Never
claim fraud unless you already have the documents, because there is no way Members will
give you access to documents if they think you may use them to claim fraud.
16. State the legal codes when being treated unfairly. 1. "Due process", when the member
3. refuses you documents etc. 2. "Natural Justice", when the member is being blatantly
unfair. "I do not agree", when the member is making outrageous and case deciding
decisions.
17. Remember, VCAT members only use the law 'as a guide' when it involves a claim
against a manager or OC, and if the claim is true, WATCHOUT, youre about to have a
vexatious case throw against you!

Filename:
Self representing VCAT Owners Corporation List
Directory:
C:\Documents and Settings\r\Desktop
Template:
C:\Documents and Settings\r\Application
Data\Microsoft\Templates\Normal.dot
Title:
Self representing VCAT Owners Corporation List
Subject:
VCAT owners corproation list
Author:
Witness to many cases
Keywords:
VCAT, owners corporation, self representing, law,
corrupt
Comments:
Tips for self representing at VCATs Owners
Corporation List for owners against dodgy managers, owners corporations,
and VCAT members.
Creation Date:
11/13/2015 3:26:00 PM
Change Number:
1
Last Saved On:
11/13/2015 3:37:00 PM
Last Saved By:
r
Total Editing Time: 18 Minutes
Last Printed On:
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