Property due diligence
Owners corporation due diligence
How an owners corporation is created, what its certificate discloses, and what a car space title actually means — before you buy into one.
- An owners corporation is created automatically when a plan of subdivision with common property is registered — buyers can't opt out.
- The Section 32's owners corporation certificate is the mandatory minimum disclosure, not the complete picture.
- AGM minutes, manager contracts and the manager register can surface issues the certificate alone doesn't.
- A car space may be a titled lot or common property under licence — confirm which before relying on having it.
How an owners corporation comes to exist
In Victoria, an owners corporation is automatically created when a plan of subdivision containing common property is registered with Land Use Victoria — it isn't something a buyer opts into or out of. Owners corporation members must pay annual fees, levies and charges, and follow the owners corporation rules covering matters such as renovations, pets and noise (Consumer Affairs Victoria, verified 29 Jul 2026). If a property is on a plan of subdivision with any shared land or building element, assume an owners corporation applies until you confirm otherwise.
What to actually request
Before buying into an owners corporation, a buyer can research it via the owners corporation certificate attached to the Section 32 vendor statement (fees, insurance, any current claims), the public register of owners corporation managers, contracts or agreements affecting common property, and the minutes of annual general meetings (Consumer Affairs Victoria, verified 29 Jul 2026). The certificate is the mandatory minimum — the AGM minutes and manager contracts are where disputes, deferred maintenance and planned special levies are more likely to actually show up.
Car spaces are not always what they look like
An apartment car space may be a separate lot forming part of the title — in which case it must be confirmed as transferred with the title — or it may be common property requiring a lease or licence to use. Buyers should confirm which applies before relying on having a car space (Consumer Affairs Victoria, verified 29 Jul 2026). This is exactly the kind of detail a clean-looking Section 32 can leave ambiguous if you don't ask directly.
Worked example
A buyer assumes their allocated car space is included in the title because it's shown on the floor plan. The Section 32 later confirms it's actually common property under a licence arrangement — meaning the owners corporation, not the buyer outright, controls its long-term allocation. Confirming this before signing changes what the buyer is actually agreeing to buy.
Practical checklist
Before buying into an owners corporation
- Read the owners corporation certificate attached to the Section 32
- Request the last 1-2 years of AGM minutes
- Confirm whether car spaces/storage are titled lots or common property
- Ask about any planned or discussed special levies, even informally raised ones
- Check the owners corporation manager's public register listing
Relevant Delora tool
Questions for a professional
- Can you request the AGM minutes and manager contracts, not just the certificate?
- Is this car space a titled lot or common property under licence?
Official resources
- Consumer Affairs Victoria: Owners corporations
- Consumer Affairs Victoria: Buying an apartment or unit - checklist
Sources and methodology
- Buying an apartment or unit - checklist — Consumer Affairs Victoria (retrieved 29 Jul 2026)
- Owners corporations — Land Use Victoria (retrieved 29 Jul 2026)
Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.