Tisher Liner FC Law

What happens when an Owners Corporations has a major project that they need to fund and they do not want lot owners paying the cost upfront by way of levies? The only option is a loan. Section 25 of the Owners Corporations Act 2006 provides that by ordinary resolution, if the amount borrowed does not exceed the amount of the current annual fees of the Owners Corporation it can obtain a loan. For amounts in excess of this, a special resolution is required to be obtained. There is no limit on the loan amount an Owners Corporation can obtain. However, an Owners Corporation must act in good faith and in the best interests of the Owners Corporation. Sometimes it is appropriate that a project be funded in part by a loan and in part by the striking of a levy. So what should the Owners Corporation consider? Read more >>> #OwnersCorporation #OC #Loan #MelbourneLawyer #OCLawyer #TisherLinerFCLaw #TLFC

On Tuesday, our team took part in the LIV Fun Run. It was a fantastic way to get active, enjoy some fresh air and bond outside the office. A big thanks to everyone who joined in – it was fun, refreshing and a great reminder to stay active and healthy. Looking forward to the next one. #TisherLinerFCLaw #TLFC #FunRun #MelbourneBotanicGardens

Tisher Liner FC Law again recognised on Doyle’s Guide. We are honoured to be once again featured as “Recommended Family Law Lawyers in Melbourne” for 2025. Contact us today for a consultation to receive quality advice and service in family law. Well done Justine Clark, Brynne Allen, Tineka Winter, Viktoria Tsiatsias, Lucy Schnerring, Karina A J Klusek and Tina Deburiet #FamilyLawyer #DoylesGuide #MelbourneLawyers #TisherLinerFCLaw #TLFC

Lim v Cahill (Owners Corporations) [2024] VCAT 194. What is the case about? The Tribunal sets out the facts as follows: The applicant, Mr Lim, is the owner of one of two units (‘Unit 1’) on a property situated in the suburb of Glen Waverley. Unit 1 is the front unit of the property and it is the first unit facing the only accessible street from the property. The rear of the property is enclosed by a boundary fence. The respondent, Mr Cahill, is the occupant of the second unit (‘Unit 2’) on the property. Both units have a separate garage attached to each unit. The area outside of Units 1 and 2 are common property, including the one and only common driveway out of the property, which runs onto the street. Mr Lim alleges that Mr Cahill and his visitors park their cars on the common property driveway, such that Mr Lim and his family are unable to properly drive their cars out of the property. Mr Lim alleges that Mr Cahill has contravened the Model Rules 4.1(1), 4.2(b) and 4.2(c) of the Owners Corporations Act 2006 (Vic) (‘OC Act’). Mr Lim seeks an order that Mr Cahill stop parking his car on common property, and for him to stop his visitors from doing so. Mr Cahill says the cars parked do not impact Mr Lims use of common property. Mr Cahill parks (and allows visitors to park) out front of his garage in common property. Mr Lim is able to drive out but the ability to do a three point turn to be able to drive out forwards is sometimes not possible. What do the model rules say? Read more >>> #OwnersCorporation #OC #MelbourneLawyer #TisherLinerFCLaw #TLFC

Our article “Owners Corporates have sued other owners corporations for unreasonable flow of water” has been included in the November edition of The VIC Strata Magazine. Also included is a recording of TLFC Principal, Phillip Leaman and Nikki Jovicic from LookUpStrata Pty Ltd discussing the topic of water ingress and building defect claims that affect owners corporations in Victoria. Whether you’re an OC manager, building owner or property professional, understand these issues can save you time, money and stress down the road. Check out the blog and video today on pages 18 & 19 of the VIC Strata magazine. #OC #OwnersCorporation #MelbourneLawyer #TLFC #TisherLinerFCLaw

Owners Corporation 1 PS No. 834726V v Melbourne Owners Corporation Services Pty Ltd (Owners Corporations) [2024] VCAT 199. What was the case about? The Owners Corporation (which only had 4 lots) sought recovery of $2,400 it says was illegally removed from its bank account by the respondent manager after its contract of appointment expired. The Manager said its appointment was illegally terminated and it was entitled to take the funds from the Owners Corporation’s account. In a surprise move, the case was not really about the termination or whether the manager was entitled to take the funds but centred around the initial appointment of the manager. Read more >>> #TisherLinerFCLaw #TLFC #OwnersCorporation #OC

Wishing our clients and colleagues a happy Diwali. #Diwali #TisherLinerFCLaw #TLFC

Recently we wrote a blog about a lot owners right to access all of the lot owners emails and phone numbers. That blog can be found here: https://lnkd.in/gTQ25Mqp The Saint-John Decision has just been released which confirms that an Owners Corporation has the legal obligation to provide a lot owner all emails and phone numbers of lot owners upon request, subject to the lot owner paying for a reasonable fee set in accordance with section 146(2) of the OC Act and r.12 of the Regulations. Of course, an Owners Corporation does not need to charge a fee if they decide not to but they must provide the records upon request. The VCAT decision will be welcome news for lot owners who struggle to get the contact details of their fellow owners. Regulation 11A now confirms that emails and phone numbers are part of an Owners Corporations records and not the property of an Owners Corporation manager. The case now provides certainty that an Owners Corporation must provide such records to lot owners on request or face being in breach of their statutory obligations. So what is the case? Read More >>> #OwnersCorporation #OC #OCCase #TLFC #TisherLinerFCLaw

Ron Cohen moderated and was a panellist at the latest Real Estate and Finance Forum this week. Check out some images highlighting the day. #RealEstate #PropertyLawyer #TisherLinerFCLaw #TLFC

We are delighted to announce the promotion of Amy La Verde to Principal at Tisher Liner FC Law. She will be leading our Employment Law team. Since joining us in 2020, she has demonstrated remarkable leadership, exceptional expertise in employment law and a strong commitment to our clients. This promotion reflects her hard work and dedication, and we are excited to see her continue to drive success for our clients and the firm. Congratulations, Amy! #Celebration #Promotion #EmployementLaw #TLFC #TisherLinerFCLaw