Columns
10 years on Image

10 years on

Melbourne Water moving to Docklands
Read more >>

Away from the desk Image

Away from the desk

The little bent tree
Read more >>

Chamber update Image

Chamber update

COVID-19 and Docklands businesses
Read more >>

Docklander Image

Docklander

A staunch Docklander
Read more >>

Docklands Secrets Image

Docklands Secrets

Conflicting speeds
Read more >>

Chinese

墨尔本市长工作寄语
Read more >>

Owners' Corporation Management

Performance-based alternative solutions the key to cheaper cladding replacement costs
Read more >>

Fashion Image

Fashion

Top five street style trends
Read more >>

Health and Wellbeing Image

Health and Wellbeing

Don’t let working from home compromise your health and wellbeing
Read more >>

Letters Image

Letters

Bring on the lasers
Read more >>

Business Image

Business

Something fishy from The Espressionist
Read more >>

Owners Corporation Law Image

Owners Corporation Law

Social distancing in apartment blocks is hard to do, but necessary right now
Read more >>

Maritime

Tyranny of distance?
Read more >>

Pets Corner Image

Pets Corner

Full of Beans!
Read more >>

SkyPad Living Image

SkyPad Living

OC support in a time of COVID-19 - a tale of two cities …
Read more >>

Street Art Image

Street Art

Goodbye from Blender Studios
Read more >>

Sustainability

How fast is fast fashion?
Read more >>

The District

Eat your way through our most delicious hot spots
Read more >>

We Live Here Image

We Live Here

Microorganism dismantles Airbnb - will it ever recover?
Read more >>

Abby's Angle  Image

Abby's Angle

The world is a battlefield. Fight, but without exception, choose kindness
Read more >>

Editions

OC to take short-stay owners to VCAT

04 Sep 2014

OC to take short-stay owners to VCAT Image

The Watergate Owners Corporation (OC) is taking owners of short-stay apartments in its building to VCAT, over alleged breaches of OC rules.

Although the short-stay case between the City of Melbourne and Docklands Executive Apartment operator Paul Salter continues at the Building Appeals Board (BAB), the OC is not content to wait on the outcome of the case.

It has been issuing breach notices to owners of apartments used for short-term accommodation throughout the year and last month filed VCAT applications against nine apartment owners.

All nine apartments are managed by Docklands Executive Apartments.

Examples of alleged breaches recorded by the OC include:

  • Using apartments for short-term letting in contravention of OC rules regarding minimum stays;
  • Using apartments for short-term letting in contravention of OC rules regarding commercial use of apartments; and
  • Movement of items, such as cleaning supplies, likely to cause damage or obstruction through the common property without notifying the building manager.

While the Watergate OC was adjoined with council during the original BAB hearing it was not a part of the Supreme Court or Court of Appeals cases and will not be adjoined to the case currently before the BAB.

Watergate OC chairperson Barbara Francis said VCAT action was the only option available, outside the BAB.

“This is what we can do as a building in our own right,” Ms Francis said.

“We have these tools available to us and we don’t know how the BAB hearings are going to pan out,” she said.

She said one of the outcomes of the first BAB hearing, in 2012, was that the major operator, Grand Harbour Accommodation, ceased operating.

She said since then, the remaining operator, Mr Salter, had increased from three apartments to nine.

When Docklands News spoke with Mr Salter he said owners had not yet received notification of the VCAT action and declined to comment until he had received official documentation.

The original three apartments have been the focus of the Building Appeals Board hearings and subsequent Supreme Court and Court of Appeals hearings.

The BAB case began in 2012, when Mr Salter appealed building orders issued to owners of short-stay apartments by council in 2011.

Under the Building Code of Australia, Watergate is classified as a Class 2 building.  

The orders required owners to comply with building regulations applicable to a Class 3 building (akin to a hotel or boarding house) or to cease trading.

In the original case, the BAB panel found in favour of council and upheld the building orders, but in 2013 Mr Salter successfully appealed the decision at the Supreme Court, which remitted the case back to the BAB to be reheard.

Before it could return, council unsuccessfully appealed the decision at the Court of Appeals, which also remitted it to the BAB.

Having convened for directions hearing and summary hearings earlier this year, the BAB is scheduled to rehear the case on October 23 and 24.

Share on Facebook

Stay in touch with Docklands. Subscribe to FREE monthly e-Newspaper.

You must be registered with Docklands News to be able to post comments.
To register, please click here.