Owners Corporations

About the role

We are expert Owners Corporations lawyers with one of the largest dedicated teams specialising in Owners Corporations Law in Victoria. Our mission is to provide a fresh perspective on resolving legal disputes and inspire Owners Corporations to achieve outcomes that preserve asset value and restore harmony. Owners Corporations legal matters are unique, and we act in Victoria and the Australian Capital Territory (ACT).

Our Track Record

Our team provides practical, plain-language advice to committees and managers on complex issues. We understand the pressures facing owners corporation committees and managers and tailor our advice accordingly. As Owners Corporation lawyers, we have extensive experience appearing at VCAT, ACAT, the County Court of Victoria, and the Supreme Court of Victoria, with a strong track record in both contentious and advisory matters.

Our Services

As expert Owners Corporations lawyers, we offer substantial experience in the following areas:

• Representation in the Victorian Civil and Administrative Tribunal (VCAT) Owners Corporations List, including:
  • Enforcing Owners Corporations Rules;
  • Testing the meaning or validity of Owners Corporations Rules;
  • Obtaining orders that lot owners comply with their legal obligations;
  • Compliance with statutory procedures for making decisions and validity of decisions;
  • Defending applications by lot owners and occupiers;
  • Advice on the merits of prosecuting and defending legal proceedings;
  • Attending annual general meetings (AGMs) and special general meetings (SGMs) and grievance committees;
• Domestic Building Warranty claims against builders, architects, and plumbers for defective building works affecting common property;
• Water Act claims;
• Adverse possession and easements;
• Disputes between Owners Corporations and lot owners;
• Preparing owners corporation rules;
• Preparing resolutions, postal ballots, and meeting papers for owners corporations;
• Quick, efficient, and cost-effective recovery of overdue Owners Corporation levies through VCAT;
• Advice on the legal duties of Owners Corporations, Committee Members, and Managers;
• Advice on compliance with statutory procedures;
• Drafting legally enforceable and tailored Owners Corporation Rules;
• Advice on procedural requirements for implementing significant Owners Corporation decisions relating to expensive repair and maintenance or upgrade projects;
• Preparing licences and leases over common property;
• Advice on repair and maintenance costs using the ‘substantial benefit’ principle;
• Preparing tailored service agreements such as building management, concierge services, and maintenance contracts;
• Advice on approving changes to the legal boundaries on the plan of subdivision;
• Advice on determining what is common property and what is private lot property, and interpreting plans of subdivisions;
• Converting older Company Title and Service Company properties into Owners Corporations;
• Representation at the ACT Civil and Administrative Tribunal for all Units Plan matters.

Resources

• Watch our videos on:
  • Owners Corporation committees engaging lawyers directly without assistance from managers;
  • Tips for lot owners in dealing with Owners Corporations’ managers and committees;
  • Changes to the Owners Corporations Act 2006 effective 1 January 2021.
• Read our Frequently Asked Questions on Owners Corporations for common questions and answers.
• Download our flyers:
  • Resolution Cheat Sheet;
  • TLFC Water Claim Fact Sheet.
• Explore the TLFC Owners Corporation Blog Archive for expert insights, case law updates, and practical guidance.
• Listen to The Owners Corporations Podcast, covering topics such as:
  • Owners Corporations Act Amendments;
  • Levy recovery for Owners Corporations managers;
  • Water Act claims and Owners Corporations;
  • Leases and Licences and Owners Corporations.

Contact

For assistance with Owners Corporations matters, contact Phillip Leaman, the principal of the Owners Corporation Team, by email at pleaman@tlfc.com.au or by phone at 03 8600 9314.