Owners Corporations

Owners Corporations legal matters are unique. We are experienced Owners Corporations lawyers who act in Victoria and the Australian Capital Territory (ACT).

Engaging a lawyer that is an expert in Owners Corporations law can make all the difference.

Tisher Liner FC Law advises Owners Corporation for residential and commercial buildings across Victoria, and has successfully represented Owners Corporations in complex VCAT owners corporation disputes, including the following reported VCAT decisions:

Fanim invest Management Pty Ltd & Anor v ACM Property Management Pty Ltd and Interested Parties Owners Corporation 1, 3, 6, 8, 9 and 10 PS731995U VCAT (Owners Corporations) 2021 10 August 2021

We acted for the Owners Corporations as interested parties in successfully opposing an interim injunction sought by two lot owners seeking orders against a manager (and ultimately a duly elected committee) appointed by the Owners Corporation at an AGM who were looking to get orders to prevent the appointed manager from continuing to act for the Owners Corporation in order for their new manager to act instead.

Owners Corporation 3 Plan No. PS508080U v Owners Corporation 1 Plan No. PS508080U VCAT (Owners Corporations) 2021 July 2021

We acted for an Owners Corporation who successfully opposed an application by the unlimited owners corporation for an interim injunction against our client’s owners corporation for issues concerning a security system and whether or not our client was required to separate its security system pursuant to terms of settlement.

Damiano v Capital Strata Management Pty Ltd (Discrimination) 2021 ACAT 67 20 July 2021

A lot owner had sued an owners corporation manager for discrimination as AGMs of an owners corporation were held upstairs. We acted for the manager of the Units Plan in the ACT and were successful in having the claim dismissed.

Owners Corporation 1 Plan No PS621163H & Anor v PTCAM Pty Ltd VCAT 30 March 2021

We acted for the Owners Corporation and was successful in obtaining orders by consent to amend the lot liability of a developer who had built two apartments on the roof but refused to amend the lot liability from 1 lot liability unit. The owners corporation was able to amend it to 1067 units of lot liability by making an application under Section 34D of the Subdivision Act. This meant that the developer had to pay a reasonable amount of owners corporation levies.

Owners Corporation 1 Plan No. 638800 -v- Equiset Construction

Melbourne Pty Ltd (ACN 127 493 136) VCAT (Building and Property List) 26 February 2021

We acted for the Owners Corporation who was successful in obtaining judgment in default against a builder for damages of $2,853,014.34 together with costs and reimbursement of the VCAT filing fee. This was a claim by the Owners Corporation due to a breach of the statutory warranties under the Domestic Building Contracts Act for defective external operable louvres on the building at the Property and a range of other defects in common property.

Stewart v Owners Corporation No 1 PS508080U (Owners Corporations) [2020] VCAT (15 September 2020)

We successfully obtained orders from the Tribunal for a lot owners right to obtain inspection of correspondence and tax invoices from an Owners Corporation and Manager who was refusing to provide the lot the right to inspect the Owners Corporation’s records in accordance with Section 144 of the Owners Corporations Act 2006.

Damiano v The Owners Units Plan 584 (Units Plan) [2020] ACT CAT (2 September 2020)

We successfully obtained summary dismissal of a claim made by a unit owner for orders against the Owners Corporation in respect to nuisance.

Richardson v Goldstone and Owners Corporation 1 PS626342F (Owners Corporations) [2020] VCAT (7 August 2020)

We successfully defended a lot owner’s application to the Tribunal in which the lot owner was seeking for the Tribunal to appoint an owners corporations manager under Section 125 of the Owners Corporations Act 2006. We proved that the Owners Corporation was not in dispute or dysfunctional and operating in accordance with the law.

Raso v Owners Corporation PS 638800J (Owners Corporations) [2020] VCAT 211 (16 March 2020)

We successfully defended an Owners Corporation for a large 11-storey residential apartment complex with over 100 lots against a penthouse lot owner’s claim that the Owners Corporation had been ‘unreasonable’ by not approving the lot owner’s renovation works.

Lambert v Owners Corporation No. RP2038 (Owners Corporation) [2019] VCAT 1580 (11 October 2019)

We successfully defended an Owners Corporation based on a narrow point of statutory interpretation about the timing of when Committee Members are considered ‘financial’ when they pay before a Committee meeting by BPAY.

Gidley v Owners Corporation 1 Plan No PS526394S (Owners Corporations) [2019] VCAT 827 (4 June 2019)

We successfully obtained a costs order for our lot owner clients against the applicant lot owners who had brought an owners corporation dispute about the legal validity of common property licences.

Owners Corporation Plan No. PS336460Q v Hallmark Group (Aust) Pty Ltd (Owners Corporations) [2018] VCAT 1483 (26 September 2018)

We successfully represented an Owners Corporation in a dispute with a corporate lot owner over its liability to pay a costs order for fee recovery proceedings. The corporate lot owner was ordered to pay the Owners Corporation’s fee recovery legal costs and reimburse the VCAT filing fees paid by the owners corporation.

Owners Corporation 1 PS611240X v Brady (Owners Corporation) [2018] VCAT 645 (26 April 2018)

We were involved in instructing Counsel to successfully defend a penthouse lot owner against a claim by an Owners Corporation for the lot owner to reinstate a door that was installed in a common property wall structure.

Langevad v Owners Corporation Plan No. 324783 & Anor (Owners Corporations) [2018] VCAT 784 (22 May 2018)

We successfully defended an Owners Corporation against allegations by a lot owner that the Owners Corporation had breached its duty under section 46 of the Owners Corporations Act 2006 to repair and maintain common property.

Owners Corporation No. 1 PS438893N v Kakos (Owners Corporations) [2017] VCAT 762 (30 May 2017)

We successfully acted for a large Docklands Owners Corporation to obtain an order that a lot owner who had installed a shade sail and clothesline into a common property building structure, must remove the unauthorised additions on the basis that the lot owner had breached the Owners Corporation’s registered rules.

Owners Corporation 1 Plan PS438893N v Kakos (Costs) (Owners Corporations) [2017] VCAT 1543 (26 September 2017)

We represented the same Owners Corporation to successfully obtain an order that the respondent lot owner must pay the Owners Corporation’s legal costs.

Stokes v Alexander & Owners Corporation 1 Plan No. PS328461J (Owners Corporations) [2017] VCAT 514 (21 April 2017)

We successfully defended an Owners Corporation for a rural lifestyle subdivision against a claim by a group of lot owners that the Owners Corporation’s decision to obtain a lease over part of a private lot, was legally invalid.

Jalowicki v Owners Corporation Plan No SP35671B (Owners Corporations) [2017] VCAT 50 (16 January 2017)

We successfully defended a lot owner who controlled 57% of the voting entitlements of the Owners Corporation, against a claim by a group of lot owners, that he had used his voting power to cause the Owners Corporation to raise a special levy using the benefit principle, improperly.

Rogers v Owners Corporation Plan No. PS16559 & Ors (Owners Corporations) [2017] VCAT 48 (13 January 2017)

We successfully defended an Owners Corporation for a residential townhouse scheme against various allegations by a lot owner that the Owners Corporation had failed to comply with its duty to allow him to inspect the Owners Corporation’s records.

Mission Express Pty Ltd v Hewcon Pty Ltd & Owners Corporation 1 Plan No. 703939 & Ors (Building and Property) [2016] VCAT 919 (8 June 2016)

We acted for an Owners Corporation for a Moonee Ponds mixed retail & commercial development to resist an application by the developer for an authorising order under section 165(1)(ba) of the Owners Corporations Act 2006 to ‘step into the shoes’ of the Owners Corporation to prosecute a claim against a builder.

Basic v Owners Corporation SP22934S (Owners Corporations) [2016] VCAT 856 (27 May 2016)

We successfully defended an Owners Corporation for a Brighton townhouse development against a lot owner’s claim that the Owners Corporation had breached terms of settlement that had been entered into in previous VCAT proceedings.

Sukeda v Owners Corporation 2 Plan No 529462 (Owners Corporations) [2016] VCAT 533 (6 April 2016)

We represented an Owners Corporation for a multiple-owners corporation plan of subdivision in a claim by a lot owner that there had been a misallocation of expenses as between the different Owners Corporations.

See our video on Owners Corporation committee’s being engage lawyers directly without assistance from managers below:

See our video on tips for lot owners in dealing with the Owners Corporations’ manager and committees:

See our video on the changes to the Owners Corporations Act 2006 which are due to come in force on 1 January 2021:

For details about how we, as expert Owners Corporations lawyers can assist Owners Corporations in building warranty defect litigation against builders, plumbers, building surveyors and architects see our building warranty defect claim page here.

As expert Owners Corporations lawyers, Tisher Liner FC Law have substantial experience in the following Owners Corporations matters:

• Representation in the Victorian Civil and Administrative Tribunal (VCAT) Owners Corporations List regarding all issues affecting Owners Corporations including:
  • Enforcing Owners Corporations Rules;
  • Testing the meaning or validity of Owners Corporations Rules;
  • Obtain 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 involving Owners Corporations generally;
• Domestic Building Warranty claims against Builders, architects and plumbers by Owners Corporations for defective building works affecting common property;
• Water Act claims;
• Adverse possession and easements;
• Disputes between Owners Corporations and lot owners;
• 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 being raised using the ‘substantial benefit’ principle;
• Preparing tailored service agreements such as building management, concierge services and maintenance contracts specific to Owners Corporations;
• 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; and
• Representation at the ACT Civil and Administrative Tribunal for all Units Plan matters.

Click here to read our Frequently Asked Questions on Owners Corporations.

Click here to download our flyer: Resolution Cheat Sheet.

Click here to download our flyer: Legal Update – The Owners Corporations Act amendments are now law. 

Click here to download our flyer: Short Stay Accommodation Explained.

Click here to download our flyer: Water Ingress affecting only Private Lot Property. 

Listen to the Owners Corporations Podcast relevant to Owners Corporations, their committees and managers. They are available to listen 24/7. Some of our topics include:

• Owners Corporations Act Amendments;
• Levy recovery for Owners Corporations managers;
• Water Act claims and Owners Corporations;
• Leases and Licences and Owners Corporations.

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