Strata & Community Title

Anyone who has been involved in strata scheme will understand the complexity of the relationships and processes involved, and legal issues that can arise.

Whether you are a Developer, Strata Manager, Owners Corporation or Unit Owner, our Strata Lawyers can provide you with advise and representation in all matters relating to your strata scheme.

Related Services

Our Services Include

Being a law firm that services the strata industry and its many stakeholders, our breadth of experience and knowledge is extensive with our Strata Lawyers advising clients on matters regarding:

  • Scheme structuring including community title schemes, mixed use developments, lodgement of strata plans and bylaws and building management statements.
  • The restructuring of Owners Corporation affected developments with unfair and unjust schedules of lot entitlements and liabilities.
  • Drafting and enforcing Bylaws.
  • Pursuing building defect claims for residential, commercial and mixed developments against builders as a result of defective materials and poor workmanship.
  • The changing of Owners Corporation Managers.
  • Recovery of unpaid fees and challenging unlawfully struck fees and charges of Owners Corporations.
  • Enforcement of rules of the Owners Corporation against errant owners and their tenants.
  • Litigation and dispute resolution.

Enforcement of Bylaws and the Strata Schemes Management Act

Living in a strata titled building means you are living in a community. So that the community operates as harmoniously as possible, each Owners Corporation has a legislated set of provisions and Bylaws by which each person must use their home / investment / property.

The overriding purpose of the Bylaws of the Owners Corporation is to ensure that people do not unreasonably interfere with another person’s use and enjoyment of their property or the common property. From time to time do not abide by the Bylaws of the Owners Corporation, which results in the Owners Corporation having to take legal action to compel compliance.

Owners Corporation disputes are becoming more and more common place in NSW as more and more people move into recently constructed strata titled buildings. Bylaw disputes range from:

  • Altering or damaging the common property, including services like the elevators or central garbage chutes;
  • Repeatedly playing excessively loud music at night;
  • Parking in other Owner’s car spaces or the common property;
  • Dumping hard waste on common property;
  • Threatening and or verbally abusing other owners; and
  • Undertaking building works within a property that may affect others without the consent of the Owners Corporation.

Most matters relating to strata schemes and the enforcement of provisions set out in the Strata Schemes Management Act and Regulations are dealt with in the NSW Civil and Administrative Tribunal (“NCAT”)

Our team of Strata Lawyers are well practiced in both the procedures of the Tribunal and the preparation of evidence and advocacy relating to the matters involving strata schemes.

Our Strata Lawyers take appropriate steps to ensure Owners are well-informed and ready to decide on how to deal with the matter at hand quickly and cost effectively.

Our Strata Lawyers can also assist the committee of the Owners Corporation to ensure it is conducting compliant meetings and we can work with your strata manager to provide advice on agenda items for Annual and Extraordinary General meetings and the powers of the committee.

Building Defects

Building defect claims are often expensive to pursue and require methodical preparation of evidence and pursuit of the builder and developer. Equally it is always important for the Owners Corporation to understand whether it is commercially worth pursuing litigation. Our Strata Lawyers advise the Owners Corporation from start to finish on:

  • What expert consultants need to be engaged for the particular defect who will advise on what is the defect, why it is a defect, how the Owners Corporation can rectify the defect and at what cost;
  • Enforcement of statutory warranties under the Home Building Act and claims on Home Warranty Insurance;
  • Claims pursuant to the Design and Building Practitioners Act and Regulations;
  • Whether the Owners Corporation can or should pursue the builder, developer or other potential wrongdoers;
  • How to inform and obtain approval from all owners in the building for any necessary legal action; and
  • What should the Owners Corporation and its owner expect when conducting litigation.

If your matter requires or as instructed by you, we have strong connections with Senior and Junior Barristers specialising in building and construction disputes involving strata schemes to call upon for one-off advice and appearances or to be briefed in your matter.

Given our experience in these matters, we can provide competitive fixed fees for each stage of the process so that there are no hidden surprises.  Contact us today for a free, initial no obligation consultation to discuss how we can help you with your matter.

Publications

Whether you are looking for advice or need assistance don’t hesitate to contact us on (02) 4288 0150 or send an email