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.
- Strata schemes: Navigate the complexities of managing shared property and ownership within strata schemes with expert legal guidance.
- Restructuring of Owners Corporation: Receive support for reorganising the structure and management of your Owners Corporation.
- Owners Corporation disputes: Resolve conflicts within the Owners Corporation through professional legal advice.
- Changing Owners Corporation managers: Get assistance with the process of replacing or appointing new Owners Corporation managers.
Strata Schemes
Do you need a lawyer for your strata scheme?
- Strata search reports
- Building inspection reports
- Section 184 certificate (financial information)
- Strata management services
- Dispute resolution services
- By-law creation and amendment
- Maintenance and repair coordination
- Renovation approval and oversight
Whether you are a developer, strata manager, owners corporation or unit owner, our Strata Lawyers can provide you with advice and representation in all matters relating to your strata scheme.
Advantages of Engaging a Specialised Strata Lawyer
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 by-laws and building management statements;
- The restructuring of owners corporation affected by developments with unfair and unjust schedules of lot entitlements and liabilities;
- Drafting and enforcing by-laws;
- Pursuing building defect claims for residential, commercial and mixed developments against builders and developers 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; and
- Litigation and dispute resolution.
What is a strata scheme?
A strata scheme is a way of subdividing a parcel of land into individual lots and common property, with each lot owner having specific rights and responsibilities
How do I find information about a strata scheme?
You can search for information online through the NSW Government’s Strata search. This includes details about the strata managing agent, strata plan number, and more.
What are the responsibilities of a lot owner in a strata scheme?
Lot owners are responsible for paying levies for the maintenance of common property areas, adhering to by-laws, and seeking approval for any building work affecting common property.
Strata Lawyers
Do you need a lawyer to enforce the Strata Schemes Management Act?
- Legal advice on strata disputes
- Representation in NCAT (New South Wales Civil and Administrative Tribunal)
- Mediation services
- Assistance with by-law creation and amendment
- Guidance on strata management and governance
- Support with financial disputes and levies
- Advice on renovations and alterations
Strata-titled buildings 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 by-laws by which each person must use their lot.
Strata Scheme Legislation and By-Laws
The overriding purpose of the by-laws 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, owners do not abide by the by-laws 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 commonplace in NSW as more and more people move into recently constructed strata-titled buildings. By-law disputes range from:
- Altering or damaging the common property, including services like 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, the preparation of evidence, and advocacy relating to 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.
We can also assist the committee of the owners corporation with ensuring that 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.
What types of disputes can arise in a strata scheme?
Common disputes include noise complaints, parking issues, maintenance and repairs, renovations, pets and by-laws, and financial disputes.
How can strata disputes be resolved?
Disputes can be resolved through internal dispute resolution, mediation, or by applying to the NSW Civil and Administrative Tribunal (NCAT).
Do I need a lawyer for strata disputes?
While not always necessary, having a lawyer can provide expert guidance and representation, especially for complex disputes.
Building Defects
Do you need a lawyer to make a building defect claim?
- Building defect inspections
- Detailed defect reports
- Remediation and rectification services
- Structural assessments
- Waterproofing inspections
- Roofing inspections
- Plumbing and electrical fault detection
Building defect claims are often expensive to pursue and require methodical preparation of evidence and pursuit of the builder and developer. It it is always important for the owners corporation to understand whether it is commercially worth pursuing litigation.
Expert Advice and Legal Services for Building Defects
Our Strata Lawyers advise the owners corporation from start to finish on:
- Which expert consultants need to be engaged for the particular defect, who will advise on what is the defect, why it is a defect and 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 the Owners Corporation and its owners should expect when conducting litigation.
If your matter requires a Barrister, 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.
What is a building defect?
A building defect is any flaw, fault, or discrepancy in a structure that presents a risk to safety or diminishes the quality of the building.
How are building defects identified?
Defects are identified through detailed inspections, which may include visual inspections, specialised testing, and comprehensive reports.
What should I do if I discover a building defect?
Report the defect to the property manager or owners corporation and seek professional advice for remediation.
Legal Expertise
Proceed with confidence.
PDC Law is a specialist commercial, property and dispute resolution law firm. Our lawyers have a combined experience of over 40 years.
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