We provide expert legal assistance in resolving strata scheme disputes, assisting strata companies and managers handle complex issues that arise between owners and other involved parties. Our goal is to achieve fair and practical solutions while minimising disruption to strata communities.
Overview
Strata scheme disputes are a common occurrence in Australia’s property landscape, particularly given the increasing prevalence of apartment living and mixed-use developments. These disputes are governed by state-specific legislation, such as the Strata Schemes Management Act 2015 in New South Wales or the Owners Corporations Act 2006 in Victoria. Common areas of conflict include by-law enforcement, maintenance responsibilities, noise complaints, and financial management of the strata scheme.
The resolution of strata disputes often requires a delicate balance between individual property rights and the collective interests of the strata community. Recent legislative reforms in various states have aimed to improve dispute resolution processes, emphasising mediation and tribunal hearings over court proceedings. This shift reflects a growing recognition of the need for more efficient and cost-effective methods of resolving strata conflicts.
Our approach
We take a practical and solution-oriented approach to strata scheme disputes. Our initial focus is on understanding the full context of the dispute, including the relevant by-laws, strata plan, and history of the issue. We then work with our clients to develop a strategy that aligns with their objectives and the realities of strata living.
Where possible, we prioritise early resolution through negotiation or mediation. These methods often lead to more satisfactory outcomes and help preserve relationships within the strata community. We are experienced in representing clients in various forums, including strata committees, mediation sessions, and tribunal hearings.
For more complex disputes, we provide robust representation in relevant tribunals or courts. Our thorough preparation and deep understanding of strata law enable us to present compelling cases on behalf of our clients. Throughout the process, we maintain clear communication, ensuring our clients understand their options and the potential outcomes at each stage.
We also advise on preventative measures to minimise future disputes. This may include reviewing and updating by-laws, improving communication processes within the strata scheme, or implementing more effective decision-making procedures for the body corporate.
Representative experience
- Successfully represented an owners corporation in tribunal proceedings regarding a unit owner’s unauthorised renovations, securing an order for removal of the non-compliant structures and costs.
- Negotiated a favourable settlement in a dispute between lot owners and the body corporate regarding maintenance responsibilities for water damage, avoiding costly litigation.
- Advised a strata committee on the process of amending by-laws to address short-term letting issues, successfully implementing changes that balanced diverse owner interests.
- Represented an individual lot owner in mediation regarding excessive noise from a neighbouring apartment, achieving a practical solution that improved liveability without escalating to formal proceedings.
- Successfully challenged an owners corporation’s decision to impose special levies, resulting in a more equitable distribution of costs among lot owners.
- Guided a body corporate through the process of addressing unauthorized pet ownership, balancing enforcement of by-laws with consideration of disability discrimination laws.