Property & conveyancing

Owners corporation & strata law in Victoria.

If you own an apartment, townhouse or unit in Victoria you almost certainly own part of an owners corporation. That brings levies, rules, common property, insurance and, often, disagreements. CMK Legal advises lot owners, committees and owners corporations on certificates, rules, levy recovery, defects and disputes under the Owners Corporations Act 2006.

Solicitor-reviewed

Certificates, rules and minutes reviewed by a Victorian property lawyer.

Fast turnaround

Urgent certificate reviews turned around before an auction or settlement.

Fixed fee, quoted first

Fixed fee quoted up front for advice, reviews and levy recovery.

Victorian property law

Owners Corporations Act 2006 and VCAT practice.

What owners corporation law covers.

An owners corporation manages the common property on a plan of subdivision: the land, structure, services and shared areas that are not inside anyone's lot. It sets and collects levies, maintains and insures the common property, makes rules and holds annual general meetings, all under the Owners Corporations Act 2006 (Vic) and the plan itself.

For buyers, the owners corporation certificate is the key disclosure document: it shows current and unpaid levies, the balance of the maintenance fund, insurance, current rules, and any notices, works, litigation or special levies on foot. Read properly, it tells you whether you are buying into a well-run building or a defect claim.

When you buy into an owners corporation, the owners corporation certificate under section 32F of the Sale of Land Act 1962 is the window into it: the fees and any special levy, the state of the maintenance fund, the insurance, the rules, and any current legal proceedings. A certificate showing a healthy fund and no disputes is very different from one that does not.

Cladding is its own issue. Amendments to the Local Government Act 1989 allow charges for cladding rectification funding to be recorded against a property, so a building's cladding history and any rectification charge are worth checking, because the charge can follow the property to a new owner.

For owners and committees, the day-to-day questions are levy recovery, whether a proposed alteration needs consent, who pays for a leaking balcony or a failed cladding rectification, whether a rule is enforceable, short-stay letting, pets, car spaces and how to run a valid meeting and vote.

An owners corporation certificate is generally only current for a limited period and is a snapshot. Special levies for defect rectification or cladding works can be resolved days after the certificate issues, so the meeting minutes and the maintenance plan are worth checking, not just the certificate.

Where owners corporation issues cost owners money.

Special levies land on the current owner

Defect rectification, cladding replacement, lift and roof works can run to tens of thousands per lot. If the levy is struck after you settle, you pay it. The meeting minutes and maintenance plan are worth reading for approaching works before you commit.

Common property responsibility is often misunderstood

Balconies, windows, waterproofing membranes, pipes and party walls are frequently assumed to be the owner's when they are common property, or the reverse. The plan of subdivision establishes who actually has to pay.

Rules only bind if they are made properly

Rules about pets, short stays, renovations, noise and parking must be made by special resolution and registered to be enforceable. Committees can be advised on making them correctly, and owners on whether one can be resisted.

Unpaid levies can be recovered

An owners corporation can recover outstanding fees with interest and costs through VCAT or the Magistrates' Court. Acting early, with a proper notice, resolves most arrears without a hearing.

We can help if.

  • You are buying an apartment, unit or townhouse and want the OC certificate reviewed
  • A special levy has been struck or is being proposed
  • There are building defects, water ingress or cladding issues
  • You want to renovate and need owners corporation consent
  • A dispute has arisen over noise, pets, parking or short-stay letting
  • You are on a committee and need advice on rules or meeting procedure
  • The owners corporation needs to recover unpaid fees
  • You are in, or heading to, VCAT over a common property issue

Most owners corporation disputes must go through the internal grievance process and Consumer Affairs Victoria before VCAT. Getting the sequence right early is what keeps the matter cheap.

How we work on owners corporation matters.

  1. 01

    Tell us the issue

    Send the certificate, plan of subdivision, rules, minutes or correspondence and outline what has happened.

  2. 02

    Document review

    The plan is checked to establish lot and common property boundaries, then the rules, minutes and financials.

  3. 03

    Plain-English advice

    A position on responsibility, liability and your realistic options, with a recommended path.

  4. 04

    Negotiation or notice

    Correspondence with the manager, committee or other lot owner, or a formal notice where one is required.

  5. 05

    Grievance and conciliation

    The internal process and Consumer Affairs Victoria conciliation run properly, which resolves most disputes.

  6. 06

    VCAT if needed

    If it cannot be resolved, an application can be prepared and run in the Owners Corporations List at VCAT.

Transparent owners corporation fees.

Certificate reviews and one-off advice are fixed fee. Levy recovery is quoted per matter with the recoverable component explained up front. Disputes are scoped in stages, advice, negotiation, then VCAT, so you can decide at each point whether the next step is worth taking.

Request a fixed-fee quote

FAQs

Owners corporation & strata FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

What is an owners corporation certificate and why does it matter?
It is the disclosure document a seller must include with the section 32 for a lot in an owners corporation. It shows the current fees, any arrears, the maintenance fund balance, insurance details, the rules, and any notices, orders, works or legal proceedings affecting the OC. It is the fastest way to see whether the building is well run.
What does the owners corporation certificate tell me?
Issued under section 32F of the Sale of Land Act 1962, it sets out the fees and any special levy, the maintenance fund, the insurance, the rules and any current disputes. It is the clearest picture of what you are buying into, and it is worth reading before you commit.
Who pays to fix a leaking balcony or roof?
It depends on whether the failed element is common property or part of the lot, which is determined by the plan of subdivision and the Owners Corporations Act, not by where the water ends up. Waterproofing membranes and structural elements are usually common property, so the owners corporation repairs them and funds it through levies.
Can the owners corporation ban pets or short stays?
A rule can regulate them, but it must be validly made by special resolution and registered, and it cannot be oppressive or inconsistent with the Act. Blanket pet bans are frequently challenged. Short-stay letting is separately regulated and complaints can be taken to VCAT.
What can I do about unpaid levies?
The owners corporation can issue a fee notice, then a final notice, and recover the debt with interest and costs at VCAT or in the Magistrates' Court. The debt also follows the lot, so it becomes an issue on any sale. Most arrears settle once a properly drafted notice arrives.
Do I need owners corporation approval to renovate?
If the work touches common property, including external walls, windows, balconies, plumbing beyond your lot or anything visible from outside, you generally need consent, and often a resolution. The plan and the rules can be checked and the request prepared so it is approved rather than argued about.
How are owners corporation disputes resolved?
Start with the OC's internal grievance procedure, then Consumer Affairs Victoria conciliation, then an application to VCAT's Owners Corporations List. Skipping a step usually gets the application sent back, so the order matters.

Owners corporation problem?.

Send us the contract, title or notice and we will tell you where you stand. Start online in a few minutes, or book a consultation and speak to a property lawyer the same business day.