Owners Corporations and Community Associations

Owners corporations and community associations carry legal obligations that go well beyond routine building management. They must manage common property, enforce rules fairly across diverse groups of owners, and navigate a legislative framework that carries real personal and financial consequences for committee members who get it wrong. Archer Lawyers advises owners corporations, committees and their managers on defect claims, by-law enforcement, levies and governance disputes, including representation before the tribunals and the courts. Our aim is to give you practical, defensible advice that lets you manage the scheme with confidence — and to step in effectively when a dispute can't be resolved internally.

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How we can help

We commonly advise owners corporations and community associations on:

  • Building defect claims against builders and developers: advising owners corporations on identifying, investigating and pursuing defect claims against the responsible party, including claims under the strata building bond scheme
  • By-law drafting, disputes and enforcement: advising on drafting new or amended by-laws, resolving disputes over their interpretation, and enforcing by-laws against non-compliant owners or occupants
  • Levy recovery: advising on and pursuing recovery action against lot owners who fail to pay levies, including interest and recovery costs
  • Governance and committee disputes: advising committees on meeting procedures, voting rights, motions and decision-making obligations, and resolving disputes between committee members or with individual lot owners
  • NCAT proceedings and representation: representing owners corporations and community associations from mediation through to hearing
  • Insurance claims and disputes: advising on strata insurance obligations, claims and disputes over coverage following damage to common property
  • Capital works and sinking fund management: advising on funding obligations, disputes over special levies, and compliance with capital works fund requirements
  • Community management statements: advising community associations on interpretation and enforcement, and disputes with neighbourhood or precinct associations
  • Committee liability and risk management: advising committee members on their duties and potential personal liability, and how to manage risk in decision-making

Outcomes we can achieve

Outcomes we help owners corporations work toward include:

  • Defects rectified or compensated on behalf of all lot owners
  • By-laws enforced consistently and defensibly
  • Governance disputes resolved without disrupting the scheme's operation
  • Levies recovered efficiently, protecting the scheme's cash flow and ability to meet its obligations
  • Insurance and capital works issues resolved in a way that protects the scheme's finances and assets
  • Committee members equipped with clear advice to reduce personal and collective risk
  • Confident, well-supported decision-making at committee and general meeting level

Potentially relevant services

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