Compulsory Strata Management in NSW: a Comprehensive Guide
Introduction Strata properties, often managed by the owners corporation, require
Trusted Legal Advice on Strata Law in NSW
- Solving Property & Strata Disputes
- Building Defects, Delays & Claims
- Action & Appeals in Court & NCAT
- Financial Compensation for Defects & Loss
- By-Law Drafting, Reviews & Breaches
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Strata Lot Owners
Advocacy in strata disputes, NCAT & Court actions, by-law drafting & interpretation, actions against managers or caretakers & more...
New Owners Corporations
Guidance with preparing standard & special by-laws, strata applications, strata management & caretaker agreements & more...
Strata Managers
Legal assistance for agreement negotiations, dispute handling, & regulatory advice & more...
Developers
Advising on strata development, easements, defect liability management, & sale, purchase & sub-division of land & more...
Existing Owners Corporations
Support with by-law advice, management & caretaker agreements, special / ordinary resolution, strata disputes & more...
What is Strata law in NSW?
In NSW, strata law governs the rights, obligations, and management of properties within a strata scheme. A strata scheme is a form of property ownership where multiple lots are contained within a larger building or development (commonly an apartment block). The relevant strata law in the state of NSW is the Strata Schemes Management Act 2015 (NSW).
Strata law covers various aspects, including the establishment and governance of Owners Corporations, which are typically responsible for managing and maintaining the common areas and shared facilities within a strata-titled property. It outlines the rights and responsibilities of lot owners, the process for making decisions through resolutions, the creation and enforcement of by-laws that govern the behavior and use of the property, and the resolution of disputes that may arise among lot owners or between lot owners and the Owners Corporation.
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We Are Here To Support You In Your Strata Law Matter
Given the complexity and diversity of strata law in NSW, it is advisable to seek professional legal advice from a strata law firm that has experience and expertise in this field. A strata law firm can help you understand your rights and responsibilities, draft and review contracts, negotiate and resolve disputes, and protect your interests in any legal proceedings.
PBL Law Group’s expert team of lawyers pride ourselves on being professional, commercial and sensitive and understand the pressures of quality and time in your legal matter.
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We offer clear advice in plain English. We give you straight talk without legal jargon. We are committed to making complex laws clear and easy to access for you.
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Personalised Attention
We listen closely to understand your unique circumstances. This ensures our legal advice fits your needs. Your peace of mind is our priority.
Why Choose PBL Law Group as Your Strata Lawyers in NSW?
- Draw on a combined 50+ years of strata law experience.
- Proven track-record winning in the NSW Supreme Court, Court of Appeal and NCAT.
- Cross-Disciplinary expertise providing holistic solutions to your legal matters.
- Transparent, upfront and fair pricing for all matters.
- We treat and deliver every matter like it's our own.
Strata Lawyers Sydney and NSW can Trust
Raea Khan
Partner & Director Lawyer
Iain Mark
Partner
Alex Ilkin
Principal Strata Lawyer
Sharon Banning
Lawyer
Peggie Pantsos
Lawyer
Mark Stace
Lawyer
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What should you do when you are in a strata dispute?
Strata living and developments are governed by the Strata Schemes Management Act 2015 (NSW) and Strata Schemes Development Act 2015 (NSW). These two acts provide relevant rights of management and obligations on the owners corporation and lot owners. It’s crucial that owners within strata schemes understand their rights and responsibilities.
The strata plan identifies the common property, and the by-law governs its usage. If the dispute arises because of common property, management and voting, it is best that issues are firstly documented and served formally in writing with details of your concerns. This way, the owners corporation and the lot owner have an understanding of what the specific issues are to resolve.
For unresolved issues, the parties are required to proceed in most cases to mediation at Fair Trading and if unsuccessful to the NSW Civil and Administrative Tribunal (NCAT). It is essential to remember that resolving strata disputes often involves negotiation and compromise, but the objective is always to secure harmonious living for everyone within your strata scheme.
What should you do when you discover building defects?
Discovering building defects in a strata property in NSW, Australia can be distressing, costly and daunting. The first crucial step is to consult with building professionals who can offer advice in relation to the extent of the damage and potential remedies. This typically involves a building and construction specialist to accurately identify the areas of defective building work.
It may also be necessary to seek legal advice from a construction and strata law firm to guide you through the rights and obligations involved with who is responsible to repair defects. If disputes over the defective building work arise, a litigation and dispute resolution lawyer may be needed to mediate or represent you in court to ensure a fair and equitable resolution.
What should you do when you are in a dispute about maintenance of common property?
When involved in a dispute regarding the maintenance of common property within the context of strata living, it’s essential to know your options. Under the section 106 of the Strata Schemes Management Act 2015 (NSW), the Owners Corporation has certain obligations regarding the upkeep of shared spaces in the strata complex. If you find yourself in a dispute about common property defects and who is responsible, it is best to formally write to the strata committee and strata manager to advise them of the defect.
If the parties agree to a resolution, a more formal approach may be required. This could involve raising the issues within a general meeting or obtaining legal advice from a specialist strata lawyer.
What should you do when you are creating a new owners corporation?
When creating a new Owners Corporation in NSW, there are several legal matters relating to residential strata that must be handled appropriately. Firstly, you will need draft by-laws, potentially require a strata management statement for stratum lots or a building management statement. These documents will outline the rules and regulations relevant to the strata living, providing a framework for governance of strata issues or disputes that may arise.
As an owner in a strata, it is also crucial to understand all aspects of strata management to ensure the smooth running of the strata complex. This encompasses everything from general maintenance and repairs, to dealing with legal issues concerning disputes and building regulations. Further, where necessary, the Owners Corporation may need to seek legal advice or representation in the event of a complex strata issue so it is imperative to stay informed and proactive when creating a new Owners Corporation to avoid potential difficulties down the track.
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