Owners' Corporation Law
An Owners' Corporation (formerly known as a Body Corporate) is automatically created when a plan of subdivision containing common property is registered at Land Use Victoria. Common property may include gardens, passages, walls, stairwells, pathways, driveways, lifts, foyers and fences.
The Lot Owners are the members of the Owners' Corporation for the subdivision. The Owners' Corporation is responsible for, among other things, managing, administering, repairing and maintaining the common property. The Owners Corporations Act 2006 sets out the duties and powers of Owners' Corporations.
Nevile & Co. has spent many years working closely with Lot Owners, Owners' Corporations, Owners' Corporation Managers and Developers, advising and assisting them, in relation to the establishment and management of the common property of residential, commercial, retail, industrial and/or mixed-use property developments.
We pride ourselves on providing practical, proactive and commercially sound advice which can assist an Owners' Corporation in efficiently managing common property, reducing its risk of future legal claims and/or disputes, and protecting its assets.
We can offer assistance with:
- providing advice in relation to:
- the boundaries of an Owner’s lot and the common property;
- amending boundaries and the associated resolutions required to obtain Owners' Corporation approval;
- Lot liability and entitlements;
- approving of significant repair and maintenance projects, the contractual documents required and whether Lot Owner consent is required; and,
- setting annual fees, recovering costs and levying of special fees – when to use lot liability or the ‘benefit principle’;
- drafting, amending and registration of Owners' Corporation rules;
- preparing, advising on and negotiating licences, and leases over common property;
- preparing, advising on and negotiating contractual agreements between Owners' Corporations and third parties such as contractors and service providers; and,
- recovery of unpaid Owners' Corporation fees/levies from Lot Owners, and debts or loss or damage, from third parties as well as legal enforcement of payment if necessary.
Should the need arise, we can also assist with proceedings before VCAT and/or other Courts.