Strata Law

Strata Management & Strata Law

Due to the rise of high density living in Australia, more and more people are living in strata buildings where resources, assets and facilities are shared. Yet not everyone recognises the complexity of strata laws. There are laws, levies and by-laws which must be considered to ensure that multiple parties can coexist in the same building. Issues can arise, such as disputes between owners and the planning and revision of rules that everyone must abide by, and these issues can disturb the harmony in a building.

With a client-focused and cost-effective approach, our solicitors advise and represent owners corporations, strata lot owners and strata managers in relation to various aspects of strata law in New South Wales (NSW).

Strata Plan and Strata Community Disputes

If an issue arises between the owners corporation and an owner, our experienced solicitors can assist to resolve all strata disputes, including:

  • Invalidating by-laws
  • Unauthorised works to common property
  • Private nuisance disputes and pets
  • Disputes with Council
  • Claims for breach of Section 106 of the Strata Schemes Management Act 2015 (Duty to Maintain and Repair Common Property)
  • Applications for dispute resolutions before the Office of Fair Trading (NSW)
  • Obtaining and defending NCAT orders or appeals regarding strata disputes
  • The forced sale or renewal of a strata scheme due to a 75% agreement of the lot owners

Property Law and Building Matters

Building work may be undertaken within a strata scheme if it has been initiated by the owners corporation or within individual strata lots if commissioned by individual property owners.

However, it is common for disputes to arise between builders and strata title owners or the owners corporation for defective building work and related damages. This usually occurs shortly after the scheme has been established. There are multiple legal remedies that can be advised by one of our specialist strata and construction lawyers.

Our experienced solicitors can help provide advice and take action, if necessary, in relation to:

  • Defective building works and construction
  • Termination of strata agency agreements/caretaker agreements
  • Termination of strata schemes
  • Recovery of levies
  • Advice on strata development and strata subdivisions

Owners Corporation and By-Laws

After purchasing a strata title property, you will become a member of the owners corporation, previously known as the body corporate. The owners corporation develops by-laws which are regulations every owner and resident within the complex must follow. By-laws are enforceable by law and can regulate things including the maintenance of common property and the behaviour of residents.

Our solicitors can provide professional expertise on the following:

  • Drafting of strata by-laws
  • Claims for invalidating by-laws
  • Drafting special by-laws, common rights by-laws, exclusive use and special privilege by-laws under sections 141 and 143 of the Strata Schemes Management Act 2015 (NSW)

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