For owners corporations
Lawyers for the corporation itself.
The owners corporation is a legal entity with statutory duties, money to manage and decisions that bind every owner. We act for the corporation, with advice on lawful decisions, compliant notices and the protection of its interests.
What we help with
Practical support for the corporation’s responsibilities.
Every power the corporation exercises traces back to the Owners Corporations Act 2006 (Vic), the plan of subdivision and the rules. We make sure the paperwork matches the power.
- 01Fee & levy recoveryThe statutory ladder run properly, from fee notice to final notice to VCAT, with interest and recovery costs claimed where the Act allows.
- 02Rule enforcementComplaints in the approved form, breach notices that survive scrutiny, and escalation only where the internal process has genuinely run its course.
- 03Contracts & managersManager appointments, building and facilities contracts — negotiated within the Act’s caps and free of the terms it now prohibits.
- 04Defects & major worksExpert evidence coordinated, limitation periods protected, special levies struck correctly, and works resolutions passed at the right threshold.
- 05Litigation & VCATProceedings properly authorised before they start, then run to a result — at VCAT or in court.
What the Act expects of the corporation
Key duties and decisions.
- The corporation must act honestly and in good faith, and with due care and diligence. Owners Corporations Act 2006 (Vic) s 5
- It must repair and maintain the common property and shared services. This duty is not optional and cannot be voted away. Owners Corporations Act 2006 (Vic) ss 46–47
- Insurance duties depend on the property and applicable exemptions. They generally include reinstatement cover and at least $20 million public liability cover for common property, with five-year valuations of buildings the corporation must insure. Owners Corporations Act 2006 (Vic) ss 59–60, 65
- Where an annual general meeting is required, the interval must not exceed 15 months. Owners corporation certificates generally must be issued within 10 business days of a valid application and payment of the applicable fee. Exemptions apply to some small or services-only corporations. Owners Corporations Act 2006 (Vic) ss 69, 151
- Larger buildings (tiers one and two — more than 50 occupiable lots) must have an approved 10-year maintenance plan, and fees sufficient to fund it. Owners Corporations Act 2006 (Vic) ss 7, 23(2), 36
- Litigation authority depends on the relief sought. An ordinary resolution can authorise non-monetary proceedings and monetary claims up to twice the current annual fees; larger monetary claims require a special resolution. Owners Corporations Act 2006 (Vic) s 18
How we start
What we check before we advise.
The records help establish the legal position. We review the key documents before recommending a course of action.
- 01The plan of subdivisionBoundaries, lot liability and lot entitlement — the numbers most disputes actually turn on.
- 02The authorityWas the decision made by the right body, at the right threshold, and is it recorded in the minutes?
- 03The noticesApproved forms, correct time periods, correct service — the details VCAT checks first.
- 04The deadlinesResponse dates, possible limitation periods and any applicable statutory notice periods, including the Act’s 28-day periods.
For owners corporations