Raising a Complaint Against Another Owner or Tenant: A Lot Owner's Guide to the Victorian Process

Living in a community title development means sharing walls, driveways, gardens and sometimes patience. When another lot owner, occupier or tenant breaches their obligations — persistent noise, unauthorised renovations, pets roaming common property, parking in someone else's space — it's natural to want it fixed quickly. The good news is that Victoria's Owners Corporations Act 2006 (the OC Act) sets out a clear, structured pathway for resolving these disputes. This guide walks lot owners through that process step by step.

In this guide

Step 1: Try to resolve it informally first

Before any formal process begins, it's always worth a calm, direct conversation — either with the person involved or a friendly note. Many disputes over noise, bins, or parking are resolved this way without anyone needing to invoke the Act at all. Keep a brief record of what was discussed and when, in case the matter progresses.

Step 2: Understand what you can (and can't) complainabout

Not every grievance falls within the owners corporation's jurisdiction. Under section 152 of the OC Act, a complaint can be made about an alleged breach by a lot owner, an occupier of a lot, or a manager —but the breach must relate to an obligation imposed by the OC Act itself, the Owners Corporations Regulations 2018, or the owners corporation's own rules.

A few important limits:

• ‍Section 152 does not apply to alleged breaches by the owners corporation itself — that's a different process.
• A complaint cannot be made in relation to a personal injury.
• The complaint needs to point to a specific, identifiable obligation — a general sense that "the neighbours are annoying" won't be enough on its own; it needs to be tied to a rule (e.g.a noise rule, a pet rule, a rule about common property use) or a statutory obligation.

Step 3: Submit a formal written complaint

If informal efforts haven't worked, the next step is aformal complaint to the owners corporation. Under section 152(3), the owners corporation must make a copy of the approved complaint form available to anyone who asks for one — so start by requesting this from your manager or committee.

The written complaint should set out:

• who is involved (the alleged breaching party)
• what obligation, rule, or provision has allegedly been breached
• when and how the breach occurred, with dates and any supporting evidence (photos, videos, witness statements)

Step 4: The owners corporation assesses the complaint

Once a complaint is lodged, the owners corporation (or its committee, or a grievance committee if one has been appointed) must consider it under section 153. Critically, the owners corporation must have reasonable grounds to believe the alleged breach actually occurred before it takes formal action or applies to VCAT — this might be based on a complainant's or witness's statement, or photographic/video evidence.

The owners corporation then has to decide whether to:

1. take action itself under the OC's rules (typically theinternal grievance procedure), or
2. apply to VCAT, or
3. take no action at all.

If the owners corporation decides not to act, section153(1)(b) and 153(4) require it to give the complainant written notice of that decision, along with reasons. Those reasons need to be genuine and properly considered — not a rubber stamp.

Separately, if the owners corporation itself becomes aware of a breach without a formal section 152 complaint being lodged, section 153 still allows it to take action or go to VCAT without necessarily going through the formal notice process first.

Step 5: The internal grievance procedure

Where the owners corporation decides to deal with the matter internally, the process set out in the model rules (Schedule 2 of the Owners Corporations Regulations 2018, Clause 7) generally involves:

• the complainant preparing a written statement of the dispute in the approved form
• notifying the grievance committee (or the owners corporation, if no grievance committee exists) of the dispute
• the parties meeting with the grievance committee to discuss the dispute — this hearing must generally take place within 28 days of the dispute coming to the attention of all parties (per regulation 7(5) of the Owners Corporations Regulations 2018)
• each party being entitled to appoint someone — including legal counsel — to act or appear on their behalf
• the grievance committee being able to obtain expert evidence if needed to help resolve the dispute

If the internal process doesn't resolve things, the owners corporation must notify the parties in writing of their right to pursue further action under Part 10 of the Act.

Step 6: External options if the dispute isn't resolved

If internal resolution fails, there are two main external avenues:

Consumer Affairs Victoria (conciliation and mediation). Under sections 160–161 of the Act, a person can make a complaint to the Director of Consumer Affairs Victoria, who can facilitate conciliation or mediation between the parties. This is often a faster, less formal, and less expensive step before heading to VCAT.

VCAT (the Victorian Civil and Administrative Tribunal). Under Part 11 of the Act:

• Section 162 confirms VCAT may hear and determine owners corporation disputes.
• Section 163 sets out who may apply — generally the owners corporation, a lot owner, an occupier, a manager, or a mortgagee, depending on the nature of the dispute.
• Section 164 allows VCAT to dismiss an application incertain circumstances (for example, if it's frivolous, vexatious, or hasn't followed the required process).
• Section 165 sets out the orders VCAT can make — the secan include requiring a person to comply with the rules, restraining certain conduct, or requiring specific remedial action.
• Section 166 deals with penalties for breach of the rules.
• Section 167 lists what VCAT must consider in making its decision.
• Section 168 allows VCAT to make monetary orders, including compensation.
• Section 169 requires notice to the Business Licensing Authority in certain circumstances involving managers.

Practical tips for lot owner

• Keep records from day one. Dates, times, photos, and any communication will matter if the dispute escalates.
• Check the rules first. Confirm the conduct actually breaches a specific rule or statutory obligation — this determines whether section 152 even applies.
• Use the approved form. Request it from your manager; using the correct form keeps the process on track.
• Expect a written response either way. If the owners corporation decides not to act, you're entitled to written reasons.
• Consider conciliation before VCAT. It's usually quicker and cheaper, and VCAT will often expect to see that reasonable resolution attempts were made.
• Remember the distinction between the owners corporation and the committee. Disputes are typically pursued against the owners corporation as the legal entity, not against individual committee members personally, unless there's a distinct breach of statutory duty by those individuals.

Final word

The Victorian OC Act builds in a genuine, structured opportunity for disputes between lot owners, occupiers, and managers to be resolved fairly — starting with a conversation, moving through a formal complaint and internal grievance process, and, if needed, external conciliation or VCAT. Understanding where you sit in that pathway, and what each stage requires, makes for a much smoother — and far less stressful — resolution.