At PCL Lawyers we provide advice and dispute resolution assistance in a variety of Owners Corporation related issues.
Our legal team have a deep understanding of Owners Corporations and the various roles, responsibilities and processes. We also have a working understanding of the relationships between owners corporations and their managers, committee members/lot owners and other relevant 3rd parties, including insurers.
In the midst of a dispute involving an Owners Corporation, our lawyers have the experience and industry knowledge. We work to quickly identify potential resolutions and confidently advise our clients in order to promote and restore a harmonious environment for both lot owners and managers alike.
Frustrations can easily arise in Owners Corporation legal matters and we take a proactive and commercially minded approach. As experienced Owners Corporation lawyers we assist by providing considered and concise legal advice. We pay attention to competing concerns between various parties and draft robust agreements and documentation. We also consider the potential impact certain actions may have on the owners corporation, and its ability to fulfil its role and operate effectively.
We ensure that our clients are aware and understand the legal framework as well as their rights and responsibilities. We also work quickly to resolve disputes effectively.
We act for the following parties:
We can provide concise advice on a broad range of Owners Corporation matters, including but not limited to:
The most common owners corporation disputes include; disputes between lot owners and, owners corporation or building defects effecting common property. As such, builders or contractors can be engaged in Owners Corporations disputes. These types of disputes are best handled by lawyers that understand both Owners Corporation rules and laws as well as building and construction laws.
Advising in matters involving Owners Corporation disputes requires specific knowledge and experience. Most matters require knowledge of several different practice areas such as property, commercial, building, environmental and privacy laws.
Our lawyers can provide clear advice and help facilitate the process or appointing or changing Owners Corporation managers.
We start by assisting you to ensure that the documentation, agreement and necessary contracts are in order.
There are many reasons for changing Owners Corporation managers. We start by noting those concerns to ensure the new manager will be capable, where the old manager was not.
We check that there are legal grounds for the termination and that the termination process, is handled correctly. If not, lot owners could be liable for paying two lots of management fees.
It is important when changing OC managers that the process of tendering and appointing a new OC manager is also handled properly. Some properties require a lot of management and maintenance and a delay in appointing a new manager can mean that other issues arise.
There are many hurdles and considerations when changing owners corporation management. It also requires management, time, skills and legal knowledge that can be beyond the capability of many lot owners.
Our lawyers can manage the process from, exiting your existing manager to appointing a new manager. We ensure all the necessary contracts, agreements, notices are drafted and executed correctly. We ensure the process is compliant and will not be contested by the outgoing manager.
Many issues can arise for Owners Corporation managers and lot owners when it comes to annual general meetings, calling and carrying out special general meetings, quorums, voting and special resolutions etc.
When it comes to passing vital decisions, we can provide advice on how to get lot owners to vote on resolutions.
An inactive and unengaged members can pose difficult issues for Owners Corporation Committees and Managers alike.
When it come to building works, repairs or maintenance of the common property areas it can be difficult to reach consensus.
We can help guide committee members, lot owners and OC managers on what is required and where they stand legally.
It is often worthwhile seeking advice as to what legal rights or obligations you have before you take action for expensive repairs, maintenance or new works.
Stratum or company titles were very commonplace prior to Owners Corporations coming into place in the 1980s. The older stratum titles are harder for owners to sell as there are limited banks that will lend on such properties.
Instead of having your name registered on a title the owner has a share in the company. They are also a director of the company. The structure is more complex and there are other legal issues. This and resale value, is why stratum owners seek to convert these properties to owners corporations.
The process involves many steps and needs the involvement of all the owners. We can help Owners Corporation managers and owners navigate the process. We work with all the parties to ensure that the new certificate of titles; plan of subdivision and Owners Corporation paperwork is completed quickly and accurately.
Most owners corporation matters are heard in VCAT, and we can provide expert representation and advice.
We can help represent parties in VCAT regarding:
It vital to get the best results to engage a lawyer that is experienced in handling Owners Corporations matters.
At PCL Lawyers, our owners corporations lawyers in Melbourne, Victoria and interstate have a wealth of experience that will assist you.
We provide concise and commercially sound legal advice to individuals, organisations and businesses.
Contact one of our owners corporation lawyers today to discuss your matter on 1300 907 335.
Emma Restall and her team in the construction division of PCL are amazing. Emma has helped educate myself and team on legislation and advise to ultimately improve my businesses output and bottomline. I would highly recommend Emma to anyone seeking an expert in the Building & Construction industry.
I contacted PCL Lawyers over a dispute with the home inspector involved in the purchase of my home in 2020. Emma Restall and Tayla Williamson worked my case for over two years – right through the pandemic – until we reached a (confidential) settlement without having to go to court. I know I couldn’t have achieved this outcome without their assistance, although I never imagined at the start how long it would take or how much it could cost to see this matter through. Emma and Tayla were wonderful to work with: they listened carefully to my situation and needs, tailored their advice to my situation, communicated quickly and clearly, and worked relentlessly towards the goal. Thank you Emma, Tayla, and the whole PCL team!
Highly professional and very human all at the same time!
Under stressful circumstances, Emma and PCL guided me through the whole process, with experienced counsel, advice and of course, empathy. And most of all, we achieved the result we were all happy with. I would thoroughly recommend them moving forward and wouldn’t hesitate to engage again.
You want to know that you are getting advice and real solutions. You not only want a lawyer who has strong experience and knowledge in legal matters, but a lawyer who can also navigate you through the commercial realities.Request a meeting