Parke Lawyers

Owners Corporations Act 2006 (Vic) · VCAT

Owners Corporation Lawyers Melbourne

We act primarily for owners corporations, committees and professional owners corporation managers — on levy recovery, common property repairs, defects, contracts, governance and major disputes — in Melbourne, Ringwood and across Victoria. Lot owners are also welcome to enquire.

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Why owners corporation matters need careful advice.

Owners corporation disputes combine statute, the registered plan of subdivision, the rules and the building itself. A step taken without the right resolution, notice or evidence can cost a committee or a lot owner time and money later.

We start with the documents that decide most questions: the plan of subdivision, the registered rules, the relevant resolutions and notices, and any contracts or building records. That review shows who is responsible, what process applies and whether VCAT, a court or a negotiated outcome is the right path.

Our focus is acting for owners corporations, their committees and professional managers — both in disputes and on the ongoing governance and advisory work that helps avoid them. We also accept suitable instructions from individual lot owners, subject to a conflict check: we cannot act for more than one side of the same dispute. We work with our litigation and dispute resolution and conveyancing and property teams. For a plain-English overview, read our guide to owners corporation disputes in Victoria.

How we help owners corporations and managers.

Representation and ongoing advice for owners corporations, committees and managers — grounded in the Act, the plan and the rules. Suitable lot-owner matters are also accepted, subject to conflict checks.

Representation & Ongoing Advice

For owners corporations, committees and managers needing a lawyer they can call on as matters arise.

  • Acting for the owners corporation in disputes
  • Recurring governance and advisory work
  • Support for professional managers
  • Authorising resolutions for legal action

Levy & Arrears Recovery

Recovering unpaid annual fees and special levies using the statutory notice process.

  • Fee and final fee notices
  • Special levies and penalty interest
  • VCAT and court recovery
  • Payment arrangements

Repairs, Defects & Major Works

Common property repairs, water ingress, balconies, façades, cladding and building defect claims.

  • Repair and maintenance responsibilities
  • Building defect claims and limitation periods
  • Cladding and major works
  • Insurance claims and disputes

Contracts, Rules & Major Disputes

Management and maintenance contracts, common property leases, rules and significant disputes.

  • Manager, maintenance and service contracts
  • Common property leases and licences
  • Rules, meetings and committee duties
  • VCAT and court proceedings

The key legal framework.

Repairs and common property
The owners corporation must repair and maintain common property and certain shared services (Owners Corporations Act 2006 (Vic) ss 46–47). Larger owners corporations must also have a maintenance plan (s 36). Whether an item is common property depends on the registered plan.
Fees, levies and recovery
Annual fees and special fees are generally levied by lot liability (ss 23–24). Recovery follows a fee notice and a final fee notice, each with a 28-day period (ss 31–32), before proceedings are usually brought at VCAT or in court.
Disputes, rules and committees
VCAT hears owners corporation disputes and can make a wide range of orders (Part 11, ss 162–167). Rules take effect only once recorded by the Registrar (s 142), and committee members must act honestly, in good faith and with due care and diligence (s 117).
Building defects
A building action is generally subject to a 10-year limitation period from the occupancy permit or certificate of final inspection (Building Act 1993 (Vic) s 134). For domestic building work, statutory warranties are implied into the building contract and run with the building (Domestic Building Contracts Act 1995 (Vic) ss 8–9).

Common owners corporation situations.

If any of these apply, early advice usually preserves more options and reduces cost.

Four people discussing documents around a meeting table

Levies or special fees are in arrears

We check that the fee notice and final fee notice were issued correctly and pursue recovery through VCAT or the courts where needed.

Water is coming through from common property

We identify whether the source is common property or a lot, who must repair it and how to recover the cost of resulting damage.

Defects have appeared in a newer building

We check the occupancy permit date, the relevant limitation period and the resolution needed before the owners corporation brings a claim.

The committee needs advice before it acts

We advise on powers, resolutions, rules and committee duties so decisions are validly made and less likely to be challenged.

A manager, maintenance or service contract needs attention

We review appointments, contract terms and duties, and advise on renewal, variation, termination or disputes.

Major works, cladding or insurance are on the agenda

We advise on funding, approvals, contracts and insurance before the owners corporation commits.

Our offices.

Owners corporation advice is available at both offices by appointment, and by phone or video where faster.

  • Melbourne CBD

    Level 1, 480 Collins StreetMelbourne VIC 3000

  • Ringwood

    281 Maroondah HighwayRingwood VIC 3134

Visit our Ringwood office page for directions and local services, or see our Ringwood litigation and dispute resolution lawyers.

Frequently asked questions.

Plain-English answers to the questions we are asked most often by Melbourne clients.

Do you act for owners corporations, managers or lot owners?
Our main focus is acting for owners corporations, their committees and professional owners corporation managers, on both disputes and ongoing governance and advisory work. We also accept suitable instructions from individual lot owners. Every new matter is subject to a conflict check, and we cannot act for opposing parties in the same dispute.
Where are owners corporation disputes usually resolved in Victoria?
Most disputes between lot owners, occupiers, committees, managers and the owners corporation are dealt with by the Victorian Civil and Administrative Tribunal (VCAT) under Part 11 of the Owners Corporations Act 2006 (Vic). VCAT can order a party to do or stop doing something, comply with the Act or the rules, pay money or damages, and make declarations about rules and contracts. The Act also provides an internal complaints process that is often a sensible first step.
Does the owners corporation need a resolution before it starts legal proceedings?
Generally yes. Under section 18 of the Owners Corporations Act 2006 (Vic), as amended from 9 September 2026, an owners corporation must not commence any proceeding in a court or tribunal unless authorised by a special resolution. An ordinary resolution is enough where the matter may be resolved by an order for payment of an amount or relief of no more than twice the total amount of the current annual fees set under section 23, or by an order that is non-monetary in nature. Getting the authorising resolution right at the outset avoids later challenges.
How does an owners corporation recover unpaid fees?
The Act sets out a staged process. A fee notice must allow 28 days for payment. If the fees remain unpaid 28 days after the fee notice, the owners corporation may send a final fee notice warning that recovery action may be taken if payment is not made within a further 28 days. Penalty interest can only be charged if authorised by a resolution at a general meeting, and is capped by law. Recovery is then usually pursued at VCAT or in a court.
Who is responsible for repairing common property?
The owners corporation must repair and maintain the common property and its chattels, fixtures and fittings (section 46), and certain shared services that benefit more than one lot (section 47). Whether a particular balcony, window, membrane or pipe is common property or part of a lot depends on the registered plan of subdivision, so the plan should be checked before liability is assumed.
Is there a 10-year warranty for building defects?
Not as such. Section 134 of the Building Act 1993 (Vic) is a limitation period: a building action generally cannot be brought more than 10 years after the occupancy permit (or, if none, the certificate of final inspection) is issued. A transitional extension of up to 15 years applies only to certain cladding building actions that would otherwise have become barred between 16 July 2019 and 1 December 2023. Separately, where the work was domestic building work, the Domestic Building Contracts Act 1995 (Vic) implies warranties into the building contract and those warranties pass to later owners. Whether a claim exists, who can bring it and when time started all depend on the facts, so early advice matters.
Can the owners corporation sue the builder for common property defects?
Often, yes. Common property is owned by the lot owners as tenants in common, but the owners corporation manages and controls it and may bring a claim about common property defects, subject to the required authorising resolution. Defects within individual lots are generally for the lot owner. The pre-proceedings pathway depends on the parties, the nature of the claim and the legislation that applies, so not every owners corporation defect claim goes through the same process. For example, where the claim is a domestic building work dispute, court proceedings generally cannot start without a certificate of conciliation from the Building and Plumbing Commission's dispute resolution service (formerly Domestic Building Dispute Resolution Victoria) or the court's leave (Domestic Building Contracts Act 1995 (Vic) s 57A), and VCAT generally requires a certificate or other Commission document where a home owner is involved. Applications for an injunction are excepted.
How are lot entitlement and lot liability changed?
Not under the owners corporation's ordinary powers. Lot entitlement and lot liability are altered under the Subdivision Act 1988 (Vic): with a unanimous resolution the owners corporation applies to the Registrar of Titles, or, without unanimity, VCAT may in limited circumstances make an order under section 34D. It is a separate statutory process with its own tests and time limits.
Can an owners corporation lease or license common property?
Yes, but only by special resolution under section 14 of the Owners Corporations Act 2006 (Vic). Leases and licences — for example of car spaces, rooftop areas or telecommunications equipment — should be documented carefully, with clear terms on use, maintenance, insurance and termination.

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Owners Corporation Disputes in Victoria: Rights, Responsibilities and Resolution Options

A plain-English Victorian guide to owners corporation disputes — levies and special levies, repairs, common property versus lot property, water leaks, building defects, short-stay, noise and pets, committee decision-making, managers, internal dispute resolution, Consumer Affairs Victoria, VCAT and the costs and practical risks of escalation.

27 min readReviewed by JULIAN McINTYRE, Associate
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Owners Corporation Lawyers

Committee, manager or owner? Talk to us.

Owners corporations, committees and managers can start an enquiry through MatterFlow or call 134 134. Lot owners are welcome too, subject to a conflict check. We will confirm the scope and cost of any work before it begins.

Start Your Enquiry 134 134