At Davies Moloney, we offer a number of recovery services that makes it worthwhile for an Owners Corporation to bring outstanding fees and arrears up to date.
Our team assists Owners Corporations in a whole range of matters including:
- Debt management and fee recovery;
- Drafting leases and licenses;
- Drafting and amending Owners Corporation Model Rules;
- Resolving management and lot owner disputes.
Why Choose Us?
Our firm specialises in the recovery of Owners Corporation Fees and has extensive experience over a number of years with matters in VCAT and the Magistrates’ Court.
We understand that the members of an Owners Corporation carry the burden for a non-financial Lot Owner and accordingly we endeavour to resolve recovery proceedings as fast as possible and minimise costs incurred by the Owners Corporation and its members wherever possible.
We offer competitive rates for recovery proceedings in either VCAT or the Magistrates’ Court. Where a matter proceeds in VCAT, if we can predict the amount of legal work required, we will perform fee recovery hearings at fixed rates or within an agreed range of costs. Where a matter proceeds in the Magistrates’ Court, our fees will be charged in accordance with the applicable Magistrates’ Court Scale.
Our Owners Corporation Fee Recovery Process
- VCAT Fee Recovery Hearings: In circumstances where a Lot Owner is in arrears, and has failed to comply with the fee notices as provided in the Owners Corporation Act 2006 (“the Act”), we can commence recovery proceedings at VCAT under Part 11 of the Act to recover Owners Corporation fees, plus interest and legal costs.
- Magistrates’ Court proceedings: If an Owners Corporation passes a special resolution to collect outstanding Owners Corporation fees, we can issue recovery proceedings in the Magistrates’ Court of Victoria. There are many advantages in issuing proceedings in the Magistrates’ Court, including:
- The awarding of costs is on the relevant Court scale as opposed to VCAT, where Tribunal Members may only award a nominal amount for costs.
- That there is a procedure for obtaining default judgment, whereby judgment can be obtained quickly against a recalcitrant lot owner. There is no procedure for default judgment at VCAT. This means that an appearance is required at VCAT for the Owners Corporation to prove its case.
- That the Magistrates’ Court has its own enforcement mechanism for judgments, whereas, any Order obtained in VCAT must be registered in the appropriate Court before it can be enforced.
We invite you to contact our Owners Corporation Lawyer, David Harper.