Next steps for Victorian owners corporations
Late-night noise, repeated obstruction of common areas or misuse of building access can affect everyday life in a building. If the problem continues after an owners corporation (OC) issues a notice, the next step is to review the evidence, applicable rules and procedures already followed before deciding whether to escalate. The number of notices issued does not, by itself, establish a breach or automatically lead to compensation or the end of a tenancy.
Identify the rule that has been breached
A statement such as “the renter regularly disturbs neighbours” is not enough. Describe the specific conduct, where it happened, who was affected and the valid rule that applies. Check the current registered rules and any applicable model rules. Avoid enforcing provisions that are ambiguous, unreasonable or inconsistent with the law. Everyday reminders can help residents understand the requirements, but cannot replace any formal process required by law. [1]
Turn complaints into verifiable records
For each incident, record the date, time, location, duration, witnesses and actual impact. Lawfully retain relevant photographs, emails, repair records and evidence of costs. Distinguish firsthand observations from reports by others and assumptions. Keep the original material in chronological order, together with responses and any action taken to remedy the problem. This supports communication and helps establish whether the conduct is continuing. [1]
Review what happens after a notice
For a formal complaint, the OC should first follow the internal dispute resolution process required by its rules and have reasonable grounds to believe a breach has occurred. If it chooses to issue a formal notice to rectify a breach, it should use the approved form, identify the alleged breach and require it to be rectified within 28 days of the notice date. If the complaint concerns a renter, a copy must also be given to the lot owner. [2]
When the deadline expires, check the actual outcome. When continuing through the notice process, the OC may allow more time or issue a final notice. A final notice must allow 28 days from its date for compliance and explain that an application for a VCAT order may follow if the breach is not rectified. The legislation also provides other pathways to VCAT, so not every case can be reduced to mechanically waiting “28 days plus 28 days”. Check sections 153, 156 and 157 and the applicable procedure before choosing a pathway. [3]
Involve the rental provider without assuming liability
Giving the rental provider (landlord) and rental agent clear incident records, and asking what action they have taken and what happens next, can help coordinate a response. Non-occupying lot owners have duties to provide occupiers with the OC rules and updated versions. Section 143 deals separately with the OC’s duty to provide rules to owners; these obligations should not be confused. [3]
A rental provider does not automatically become responsible for every act of a renter simply because the property is rented out. Any proposed claim against an owner should identify that owner’s own obligation, conduct or omission and the relevant legal basis. Responsibility for visitors is dealt with separately under section 141A and its exceptions, and should not be confused with responsibility for renters. [3]
Distinguish VCAT enforcement from ending a tenancy
In an OC dispute, the Victorian Civil and Administrative Tribunal (VCAT) can make orders requiring compliance with rules or stopping particular conduct. Monetary relief requires an appropriate legal and factual basis. Before applying, specify the orders sought and the evidence supporting each request. Do not assume every expense incurred can automatically be recovered. [2] Also check the OC resolution and authority required before commencing legal proceedings. [1]
If ending a tenancy is being considered, the grounds, notices and procedures under the Residential Tenancies Act 1997 must be assessed separately. An OC cannot evict a renter simply by issuing a breach notice. A rental provider cannot change the locks to force a renter out. VCAT must consider whether a possession order is reasonable and proportionate, and only the police can carry out an eviction under a valid warrant of possession. [4]
A practical approach for committees
Appoint one contact person and keep the applicable rules, incident records, notices and service details, responses and review dates in one file. Record the reasons for each decision to continue or stop action. The aim is to correct the conduct while avoiding further disputes caused by inadequate evidence, action against the wrong person or missed procedural steps.
General information
This article covers general situations involving ordinary residential tenancies and OC management in Victoria. The original information was checked on 27 October 2026. It is not legal advice for an individual matter. Short stays, urgent safety incidents and other special situations may be subject to different rules. Obtain qualified legal advice based on the specific facts before taking legal action. If there is an immediate risk to personal safety, contact police or emergency services first rather than waiting for a notice period to expire.
Official references
[1] Consumer Affairs Victoria — Enforcing owners corporation rules
[2] Consumer Affairs Victoria — Complaint handling and resolving disputes in an owners corporation
[4] Consumer Affairs Victoria — Evictions and possession orders
Based on the Chinese article published by CAN Estate Agents, with an English translation for CAN Strata Resources.
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