Strata & Community Title

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.

Strata Scheme Legislation and By-Laws

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.

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.

Expert Advice and Legal Services for Building Defects

It 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:

• 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.

Contact us today for a free, initial no obligation consultation to discuss how we can help you with your matter.