Assignment title: Management
Study
Q
(1) Identify the specific regulations and provision(s) in the states of Victoria, NSW and Western Australia in relation to the following: Recording of rules / bylaws Creation of rules/bylaws Purpose(s) of rules / bylaws Type of resolution required to change rule / bylaw Model rules/bylaws Applicability of model rules/bylaws Who must comply with the rules/bylaws Restrictions of rules/bylaws Suggestion: use a table to highlight the relevant regulations and provisions. (2) Explain (in your own words) what the provisions require (provide for) and the similarities and differences in the various (identified) states. Part B: (1) Locate the following tribunal decision: Owners Corporation PS501391P v Balcombe (Owners Corporations) [2015] VCAT 956 and summarise the case (in your own words) with reference to the following: 1. Explain the facts of the case as outlined in the decision. 2. What were the legal arguments advanced by the applicant in the case? 3. What were the legal arguments advanced by the respondents in the case? 4. What were the questions requiring determination and how were these questions resolved? 5. What was the relevance of the Court of Appeal proceedings? 6. What did the Court of Appeal decide? 7. What did the tribunal decide in relation to the validity of the rule made under the Subdivision Act? 8. What did the tribunal decide in relation to the validity of the rule under the Owners Corporation Act? 9. What bylaws could an owners corporation make which would minimise the concerns raised by the owners corporation in the case? 10. What did the tribunal ultimately decide and what orders were made? (2) After reviewing this case, advise the client whether or not he can let out his apartment (which is located in Melbourne) through Airbnb. Hints: For part A, you will need to identify the relevant regulations (that is, legislation or regulations) which relate to multi-owned properties. The term multi-owned properties is generic and each jurisdiction uses different terms to refer to this property type (e.g. body corporate, owners corporation, strata title, community title). There is sufficient information on the internet for you to determine the term used in each jurisdiction. You will then need to either use the Austlii database or search for each state's legislation website and identify both the regulation and then the provisions. For part B, Austlii will again assist you in locating the case identified. Although specific questions are set out in this brief, you are required to provide a summary incorporating the questions asked. You may also need to add in additional relevant information into the summary. Therefore, you should determine your own headings. Don't simply provide answers to these questions in the same format as above. Assessment Criteria To help you to maximise your assessment and to improve your skills, this assignment will be marked in accordance with the marking criteria.