Owners Corporations Law

The construction boom in Melbourne and the need to increase our population density has resulted in the development of many more apartment, commercial and multi-purpose complexes being developed. This growth has put extra pressure on Owners Corporations to enhance the profitability of the project as well as its ongoing protection and maintenance.

Our Owners Corporation Team is equipped with the skills and experience necessary to assist Owners Corporations, lot owners and managers to navigate their way through their rights and obligations pursuant to the Owners Corporation Act 2006, Owners Corporation Regulations 2018 and other relevant legislation, to reach their desired outcome.

We regularly advise clients on:

  • Boundary definitions on the plan of subdivision to determine liability
  • Repairs and maintenance of common property and common services, including but not limited to building defects that are within the 10-year implied warranty period and the ability to pursue the builder
  • The rights and obligations of the initial owner
  • Alterations to the plan of subdivision and schedule of lot entitlement and liability
  • Conversion from Company Share Scheme to Owners Corporation
  • Breach of Owners Corporation rules
  • The manager’s contract of appointment, and other facilities management or service contracts entered into by the Owners Corporation
  • Validity of proxies and votes cast at meetings or by ballot
  • Rights and obligations that arise out of a lease or licence agreement for the use of common property
  • The raising of special levies for extraordinary items of expenditure
  • The recovery of unpaid Owners Corporation levies from lot owners.

We also assist our clients with drafting:

  • Resolutions – ordinary, special and unanimous29
  • Postal ballot documents
  • Licence agreements for use of common property
  • Leases for use of common property
  • Special rules
  • Notices in respect of rule breaches
  • Notices in respect of maintenance and repairs of lots.

We regularly appear on behalf of our clients in various jurisdictions including VCAT, the County Court of Victoria and the Building Appeals Board.