We believe Owners Corporations want to maintain peaceful, functional living environments for owners. Our mission is to provide a fresh perspective on resolving legal disputes and to inspire Owners Corporations to achieve outcomes that preserves the value of assets and restores harmony.
We focus on value by providing easy to understand legal advice, striving for practical outcomes and enabling Owners Corporations to eliminate hostility and minimise future legal disputes.
Legal services to restore harmony within your Owners Corporation:
- Defending Owners Corporations in the Victorian Civil and Administrative Tribunal and Courts against legal claims;
- Providing legal obligation and breach advice; and
- Assessing a particular situation being faced by an Owners Corporation and advising whether or not the statutory duties that bind Owners Corporations and lot owners may have been breached – and advice on options.
Legal Services to Preserve the Value of your Owners Corporation’s Assets
- Preserving financial health. Recovering unpaid Owners Corporation levies from lot owners and legal enforcement of payment if necessary (we focus on educating lot owners on the importance of paying their levies on time, their obligations to update their notice address and the unfairness to other owners who do pay on time);
- Prosecuting Legal Claims. Owners Corporations who wish to sue builders for damages for common property defects or who wish to seek orders for lot owners or occupiers to comply with rules and other legal obligations;
- Commercial advice. Advising on proposals for the Owners Corporation to enter into contractual arrangements with third parties, the legal obligations that the Owners Corporation may become legally bound by and the commerciality of terms and conditions and recommended amendments and negotiations with third parties and/or solicitors;
- Legal ownership advice. Providing easy to understand advice about the legal boundaries of private lot property and common property in the plan of subdivision managed by the Owners Corporation (each plan of subdivision for each property is unique);
- Repair & Maintenance Projects. Advising Owners Corporations on how to authorise significant repair and maintenance projects including what contractual documents are needed, whether lot owner consent is required and how to fund the project;
- Common Property & Lot Property Leases and Licences. Preparing clear and easy to understand leases and licences over common property;
- Amendments to plan of subdivision. Practical procedural advice to amending boundaries and the associated resolutions required to obtain Owners Corporation approval;
- Owners Corporation Rules. Preparation of customised registered rules to improve education and compliance by owners and occupiers in the building; and
- Protecting commercial interests. Preparing contractual agreements between Owners Corporations and third parties such as contractors and service providers and recovering debts or loss or damage from third parties.
Considering renovating your apartment? Have you checked you legally own it?
By Rachael Hammond
12 June 2018