Owners Corporation

We boast an experienced and dedicated team of litigation, construction and property lawyers with across-the-board proficiency and in-depth knowledge of the owners corporation sector to add value to those operating within it.

EXPERIENCE & EXPERTISE

We help with the whole range of legal and risk issues faced by owners corporations.

In addition to rules and management agreements, we advise on:

Defects and flammable cladding disputes
Lot owner disputes
Debt recovery – fixed fee and event costing
Work health and safety & employment issues.

Defect Disputes

We have acted in hundreds of defect disputes concerning apartments nationally, involving claims about issues such as: flammable cladding; cracking render and paintwork; fire separation defects; leaking balconies and planter boxes; rusting balustrades; water ingress to car parks and through curtain windows; calcification of swimming pools and tiling, and building works not complying with contracts of sale
We have strong relationships with numerous building consultants, expert engineers, architects, building surveyors and builders who specialise in the rectification of defective apartment buildings and are experts at co-ordinating works so that disruption to residents is minimised.

Flammable Cladding

We have acted for a number of owners corporations in relation to buildings with flammable cladding and have:

Responded to council show-cause and rectification notices
Appealed rectification notices to the Building Appeals Board
Sued builders for the rectification of unsafe cladding
Negotiated deeds for builders to respond to show cause notices on behalf of owners corporations.

We are familiar with all relevant legislation and case law concerning defective cladding including: the ‘deemed to satisfy’ provisions and the ‘performance based’ requirements of the relevant codes and standards; the procedures for responding to show-cause and rectification notices; and the authorities which give guidance as to who is liable for defective cladding. The teams’ experience in cladding claims is highlighted by the fact that we have advised government bodies on their responses to the cladding crisis.

Lot Owner Disputes

We are adept at resolving disputes between lot owners and owners corporations and are skilled at advising on:

Interpretation of Owners Corporation Rules
Interpretation of strata plans and identification of lot versus common property (boundary disputes)
Identifying responsibility for maintenance and repair fees
Noise and nuisance complaints.

Work Health & Safety and Employment Issues

We have extensive experience advising on the WHS, employment and contractor issues associated with this sector, including:

Engaging and managing caretaker arrangements
Representation in bullying matters including matters involving tenants and owners corporation staff
Establishing appropriate WHS frameworks and liaising with WorkSafe in connection with all inspections
Drafting all forms of employment-related materials.

Debt Recovery

We recover unpaid fees and levies for a fixed fee or under event-based costing agreements so there are no surprises or hidden extras
We advise what fees can and can’t be included in Fee Notices and the procedures that must be followed before commencing recovery proceedings in the civil and administrative tribunals of each jurisdiction.

Are you looking for market-leading legal experience and expertise?

Email our team direct at construction@moray.com.au or click below.