Living In A Village - Information Sheet L3
Dispute Resolution
If there is a dispute between village owners and residents or between residents, it is good practice for the parties to attempt to solve any problems themselves and try to come to an agreement.
Talking about the issue should be your first step. You should:
- explain the problem and say how you would like it resolved
- tell the other person what obligations you think they are not meeting.
If you can agree how to solve the problem, make sure you record this in writing and have all relevant parties sign it.
If the village has a Residents’ Committee, the committee may also be able to help solve a problem.
Common dispute topics are:
- Site agreements/contracts
- Rental increases
- Repairs and maintenance
If you are unable to resolve the dispute, there are agencies that might be able to help:
One of these is Consumer Affairs Victoria and its Tenancy Assistance and Advocacy Program (TAAP). TAAP has providers across Victoria that assist in a number of areas, including dispute resolution assistance for homeowners in land-lease villages. You can find the information about your nearest TAAP provider on the Consumer Affairs website, consumer.vic.gov.au
If Consumer Affairs is unable to help, your next step would be to approach the Victorian Civil and Administrative Tribunal (VCAT) which hears a range of disputes, including those between village owners and residents. Although usually less formal than a court, VCAT’S rulings are binding on the parties. While you may wish to have legal representation to appear at VCAT, it is not compulsory.
For information on applications, fees, and preparation for a VCAT hearing, visit the Victorian Civil and Administrative Tribunal website, vcat.vic.gov.au
MHOA is currently advocating to the Victorian Government for an Ombudsman to act in dispute resolution, specifically for homeowners in land-lease situations that come under the Residential Tenancies Act 1997 (Part 4A).
