CLASS action solicitors Shine Lawyers could take Redland City Council to court over a special levy collected to do dredging, maintenance and repairs on canal and lake estates.
Last year council found that due to a technical glitch the fund was not compliant with state legislation, meaning all funds not spent over six years had to be returned.
In November about 1650 canal and lakefront property owners were due to receive refunds of unspent collected monies.
Shine senior solicitor Tristan Gaven said council had found the levy to be invalid but had refunded only a portion of the money it had collected from ratepayers.
“There has been no explanation from the council about why the full amount was not refunded,” he said.
Mr Gaven said the law firm had been contacted by some ratepayers and had considered options available to them.
“We think they have a case for getting a full refund,” he said.
Mayor Karen Williams said she was unable to comment on a legal matter that she was unaware of.
Information on council’s website states an external firm calculated the refunds for property owners and not all property owners would get refunds.
“Refunds depend on the length of time of property ownership and amount of works undertaken by council in any of the financial years of ownership,” the website states.
In February, council completed a four-month community engagement on managing maintenance of canals and repairs of revetment walls at Raby Bay, Aquatic Paradise and Sovereign Waters.
Council is yet to make an announcement on the outcome.
On March 28, Cr Peter Mitchell said councillors would review the information over one to two months before it went to council.
In April nearly all of the 300 residents attending a Raby Bay Ratepayers Association meeting said they would back legal action over funding of canal wall failure repairs.
Shine Lawyers has invited ratepayers to meetings next week to gauge interest.
Mr Gaven said they would explain ratepayers’ rights and what was involved in a class action.
Two one-hour meetings will be at the Redlands Boat Club, 1 William Street, Cleveland at 3pm and 6pm on Tuesday, June 5.