When you buy property within a subdivision, you automatically become a member of the owners corporation. But what is an owners corporation, and what's its purpose?
An owners corporation is made up of the people who own units within property development. It's a legal entity, meaning there are established rules and obligations for owners corporations, making settling disputes and achieving goals more systematic.
Owners corporations are important because when you own your property, you don't have a landlord or building management company to approach when there's an issue with your building. So, if you encounter a problem with a shared aspect of the subdivision — like the parking garage, courtyard or elevators, to name a few — you can address the issue with the owners corporation.
If you own a flat or apartment within a complex, you are likely a member of an owners corporation. Knowing how to engage with your owners corporation can help you resolve issues and facilitate peace within the community.
So, here are five tips for getting the best results when engaging an owners corporation:
- Understand the process for settling disputes
Owners corporations establish plans for resolving many different kinds of issues before they arise. This makes it easier and faster to decide upon a solution when a problem presents itself. Therefore, if you approach the owners corporation with an issue, it's typically resolved according to a combination of the existing plan and the Owners Corporation Act 2006.
If there is no way to resolve the issue using existing solutions, the owners corporation may turn to a lawyer or the Victorian Civil and Administrative Tribunal to settle the dispute.
- Understand the structure of the owners corporation
There are four levels of an owners corporation, all with different responsibilities. Above the members of the owners corporation is the committee, elected by the members. The committee then establishes a delegate, which functions similarly to a board of directors. The delegate determines an even more specific delegate within the committee. Generally, the higher you are in the hierarchy, the more responsibilities you have.
It sounds complex, but this separation of responsibilities is what makes owners corporations efficient. Understanding how the hierarchy works and who holds the most power is important in requesting resolutions from the owners corporation.
Understanding what owners corporations do and how they are structured can help you communicate with them effectively.
- Communicate transparently
Communication is key. When engaging an owners corporation, get right to the point. Describe the problem at hand, how long it has persisted and what you would like to see done about it. If you're sending an email, proofread it for accuracy and fluency. It also helps to have support from other members of the community. You can contact your owners corporation by calling or emailing.
- Be organised
When engaging an owners corporation, you might want to provide documentation of a problem at hand. Pictures, written communications or recorded dates of an event could encourage the delegate to act more quickly. Before approaching the owners corporation, organise your materials and plan what you would like to say.
If you and several other members plan to engage the owners corporation collectively, assign roles. If everyone presents the issue at once, a meeting can quickly become disorganised and chaotic. When all members of the group have a specific talking point, however, you will come across as a united front.
- Keep the best interest of all members in mind
Remember, if you are part of an owners corporation, you are one of several members. If there is an issue with a shared amenity, it's possible that others have noticed and also want the problem resolved. Communicate with your community members to find out what changes need to be made. What's best for the subdivision as a whole should be at the forefront of your priorities.
At Nelson Alexander, we take a proactive approach to ensure owners corporations are efficient, organised and engaged in the community.
