Victoria: response to an owners corporation notice to rectify

Fill in
Victoria: response to an owners corporation notice to rectify — page 1
Victoria: response to an owners corporation notice to rectify — page 2
Victoria: response to an owners corporation notice to rectify — page 3

Fill in

Document text

Response to Notice to Rectify Breach

[YOUR FULL NAME]

Lot [LOT NUMBER], [PROPERTY ADDRESS]

[EMAIL] · [PHONE]

Owners Corporation [PLAN NUMBER]

c/o [MANAGER OR SECRETARY'S NAME]

[ADDRESS OR EMAIL ON THE NOTICE]

[DATE]

Sent by: [EMAIL TO … / POST, POSTAGE RECEIPT …]

Dear [NAME],

Notice to rectify breach dated [DATE OF NOTICE] — section 155, Owners Corporations Act 2006 (Vic)

I refer to the notice dated [DATE OF NOTICE], which alleges that I breached [RULE NUMBER OR PROVISION] by [ALLEGED BREACH AS DESCRIBED IN THE NOTICE].

( ) The breach has been rectified. On [DATE] I [WHAT YOU DID, FOR EXAMPLE REMOVED THE ITEMS FROM COMMON PROPERTY]. Photos are attached. Please confirm that no further action will be taken.

( ) I need more time. I intend to rectify the matter by [WHAT YOU WILL DO], but I cannot finish within 28 days because [REASON, FOR EXAMPLE TRADESPERSON BOOKED FOR …]. Under section 156 I ask the owners corporation to give me until [NEW DATE] and to confirm the additional time in writing.

( ) I dispute the alleged breach. [WHY: FOR EXAMPLE, THE RULE DOES NOT APPLY, THE FACTS ARE WRONG, THE CONDUCT WAS APPROVED ON …]. Please tell me the grounds on which the owners corporation believes the breach occurred (section 153(4)), and whether the dispute resolution process in its rules was followed before the notice was issued (section 153(3)). I ask for a meeting under that process. [NAME, IF SOMEONE WILL ATTEND FOR YOU] may attend on my behalf.

Please record this response and reply to me in writing at the address above.

Attached:

Copy of the notice to rectify

[PHOTOS / RECEIPTS / APPROVAL EMAIL]

Yours faithfully,

____________________

[YOUR FULL NAME]

Lot owner / occupier of Lot [LOT NUMBER]

For me

[ ] Date on the notice: [DATE]; 28 days end: [DATE]

[ ] Reply sent on [DATE], proof kept

[ ] Extra time confirmed in writing until [DATE]

[ ] Final notice received? Another 28 days from its date: [DATE]