Owners Corporations operate to repair and maintain the common property and common services of a development such as gardens, driveways, car parks and central air-conditioning systems. An Owners Corporation’s obligation to repair and maintain is statutorily mandated so it does not have the discretion to decide not to perform the required works. These works are paid for by the Owners Corporation periodically striking levies against the owners of apartments or townhouses in the development.

Should an owner fail to pay their fees, then the Owners Corporation has two options available to it:

1. Take legal action to recover the levies in the Victorian Civil and Administrative Tribunal or Magistrates’ Court of Victoria from that owner; or

2. Strike a special levy against all owners so that the Owners Corporation has enough money to meet its financial obligations.

Generally an Owners Corporation prefers to recover the unpaid levies from a non-paying owner than increase the financial burden of all other lot owners, which is where Pelham Strata Lawyers steps in.

Once Pelham Strata Lawyers is appointed to recover the unpaid levies, it directly pursues the owner until the levies are paid to the Owners Corporation. As a part of this process reports with recommendations are provided to the Owners Corporation / its manager on completion of each stage of recovery.

An Owners Corporation kept in funds is a development well maintained!