MMP-721, Property and Real Estate Law and Practice, Trimester 2, 2021
Assignment 2, Client Report, Individual Assignment
25% of Unit Assessment (1,500 words*)
Assignment Brief:
You still work at the property consulting firm XProp Pty Ltd. The firm acts for clients on a range of property related matters. Your boss (Jane) has just completed a second interview with client Sandra Frankston. As you will recall, you have already completed a report for Sandra. Since completing that report, Sandra’s problem tenant has moved out and she recently sold the property.
She is now looking to expand her property portfolio and has decided to investigate the residential apartment market in Victoria. She has only ever owned detached housing and she would therefore like you to investigate a particular property that interests her. The property is situated in a ‘leafy’ Melbourne suburb and according to the real estate agent, the property is located in a subdivision with an owners corporation. Sandra has never owned property that includes an owners corporation and is a little nervous especially given the bad press of late regarding building defects in buildings with owners corporations.
Jane has asked you to undertake further research and provide a client report. There are a number of questions / points outlined below (Research Scope) that Sandra and Jane have decided need to be researched and outlined in the (your) report.
Research Scope:
1. What is the purpose and function of an owners corporation?
2. Would Sandra be required to make decisions about this property’s owners corporation matters?
3. In what ways, could Sandra participate in the owners corporation?
4. An initial search by Sandra’s conveyancer noted a recent case relating to the property.
Your boss Jane has provided you with the case citation – Owners Corporation
PS341151A v Gilmore (Owners Corporations) [2021] VCAT 394 (1 April 2021). ***
Jane has noted that there are two (2) separate issues outlined in the case and therefore she only requires you to deal with one of the issues. You can choose which issue, rule or renovation.
Jane will have another member of staff review the other issue.
Sandra would like you to provide an outline of the case including:
a. The parties to the proceeding.
b. The facts of the case, as it relates to the issue you have chosen to review.
c. The legal arguments raised by each party.
d. The decision of the tribunal and why this decision was reached.
5. Are there any current impediments based on the outcome of the litigation that Sandra needs to consider before going forward with the purchase?
Task:
Sandra has engaged the firm to write a report that helps her understand owners corporations (more generally) and the legal issues that the property recently faced. You should make reference to the Gilmore case and any relevant legislative provisions relating to owners corporations. You are not required to review any other case law.
