Owners Corporation Lawyers in Melbourne
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.
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 lawyers are equipped with the skills and experience necessary to assist Owners Corporations, lot owners and managers to navigate their rights and obligations under the Owners Corporations Act 2006, Owners Corporations Regulations 2018 and other relevant legislation, to reach their desired outcomes.
Common property needs to be cared for, that is the role of an Owners Corporation. The role of our Owners Corporations Law Team is to advocate for the property, the silent member of the community.
We host regular seminars and webinars dealing with issues associated with running an Owners Corporation, such as legislative changes, planning issues, dispute resolution and debt collection.
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Our Owners Corporation Law Services
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 unanimous.
- 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.
Get in touch
Fill out the form below or give us a call: +61 3 8600 6000
Frequently Asked Questions
An Owners Corporation is a legal entity formed to manage a strata-titled property, such as an apartment building or townhouse complex. It is responsible for the upkeep and maintenance of common property, enforcing by-laws, and making decisions that affect all owners.
A special resolution is required for significant decisions that affect the Owners Corporation, such as:
- Amending the by-laws
- Selling common property
- Borrowing money
- Making substantial alterations to the common property
In Australia, the terms "Owners Corporation" and "Body Corporate" are often used interchangeably to refer to the same legal entity. However, the specific terminology may vary slightly between different states and territories.
A Body Corporate can take legal action against an owner who breaches the by-laws or other legal obligations. In some cases, this may lead to eviction, but it's a complex legal process that usually requires court involvement.
Generally, a Body Corporate cannot force an owner to sell their property. However, in certain circumstances, such as if an owner is consistently breaching by-laws and causing significant problems for other owners, the Body Corporate may take legal action to compel the owner to sell.
Yes, an Owners Corporation can issue fines to owners who breach the by-laws. The specific fines and the process for issuing them are usually outlined in the by-laws.
In most cases, an Owners Corporation is not required to lodge a tax return. However, it's important to consult with a tax professional to ensure compliance with all relevant tax laws and regulations.
The process for changing an Owners Corporation manager varies depending on the specific by-laws and local regulations. Typically, it involves a vote by the owners at a general meeting.
To obtain an Owners Corporation certificate, you may need to contact your local land registry or council. They can provide you with information on the specific requirements and procedures for obtaining the certificate.
Owners Corporation fees are charges levied on individual owners to cover the costs of maintaining the common property, paying insurance premiums, and administering the Owners Corporation. These fees can vary depending on the size and complexity of the property and the services provided by the Owners Corporation.