Strata & Owners Corporation Lawyers Melbourne
At Hendersons Legal we are experienced in providing owners corporation legal advice and representation in all aspects of owners corporation and strata law in Melbourne. Our team understands the complexities of shared property ownership and the importance of maintaining clear, compliant, and harmonious management within owners corporations.
We act for owners corporations, lot owners, managers, and developers alike. Our team offers practical and cost-effective legal solutions that help prevent and resolve disputes efficiently.
Our Strata and Body Corporate Law Services Include:
- Governance & Compliance: Advising owners corporations and committees on their powers, duties, and meeting procedures under the Owners Corporations Act 2006 (Vic) and related regulations. Advising lot owners on their rights, duties and responsibilities.
- Rules & By-Laws: Drafting, reviewing, and enforcing rules relating to the use of common property, renovations, noise, parking, and other community issue. This can include handling strata by-laws disputes.
- Dispute Resolution: Representing clients as strata dispute lawyers in Melbourne for matters before the Victorian Civil and Administrative Tribunal (VCAT) and courts. This includes owners corporation disputes about maintenance, levies, rules, and the conduct of owners’ corporations or members. We practice strata dispute resolution in Victoria, from owners corporation mediation to formal tribunal proceedings.
- Building Defects & Maintenance: Advising on liability for building defects, repair obligations, and claims involving builders, developers, or insurers.
Our goal as owners corporation lawyers, is to deliver clear, strategic advice that resolves issues early, We protect our clients’ interests within their strata community.
Frequently Asked OC Dispute Questions
What laws govern Owners Corporations in Victoria?
The key legislation is the Owners Corporations Act 2006 (Vic) and the Owners Corporations Regulations 2018 (Vic). Depending on the issue, other laws may also apply, Some of these include the Building Act 1993, Subdivisions Act 1988, Domestic Building Contracts Act 1995, and the Water Act 1989.
What are common Owners Corporation disputes in Victoria?
Some of the most common Owners Corporation disputes concern:
- misunderstandings as to the responsibilities of an Owners Corporation versus that of lot owners;
- disputes over what is considered common property versus lot property within a subdivision, which may determine who is responsible for maintenance and repair;
- the benefits principal relating to how levies for extraordinary budget items might be allocated as opposed to how standard levies are assigned based on lot liability;
- breaches of the Model Rules; and
- addressing building defects. (We often see issues like strata by-laws disputes arising in these scenarios.)
What options are there available for resolving Owners Corporation disputes?
Most disputes should first be addressed internally through the dispute resolution processes provided for under the Owners Corporations Act 2006 (Vic). Failing this, a dispute can be referred to the Dispute Settlement Centre of Victoria (DSCV). Alternatively, it may be formally lodged with the Victoria Civil and Administrative Tribunal (VCAT) for determination.
Where the dispute concerns building defects, there is a requirement to first proceed to the Domestic Building Dispute Resolution Victoria (DBDRV). Where a dispute is not resolved at the DBDRV, following the issue of a Certificate of Conciliation, the matter can proceed to the VCAT.
Who is responsible for building defects?
Responsibility and liability for building defects depends on the cause, timing, and nature of the defect. Owners Corporations are generally responsible for maintaining and repairing common property. However, they may have claims against builders, developers, or insurers. This may include statutory warranties or building legislations where a defect is found to stem from the original build.
Do I need a lawyer for an Owners Corporation dispute?
Legal advice is strongly recommended where disputes involve complex issues, significant costs, or potential tribunal proceedings. A strata solicitor in Victoria with experience in strata law can advise you on your rights and obligations. We can also represent you at VCAT, and help negotiate an effective resolution. This applies especially for owners corporation disputes in Melbourne or strata dispute resolution Victoria wide.
Reach out to Hendersons Legal and let’s discuss how our owners corporation lawyers in Melbourne can assist you to find a practical solution to your current matter.
