Strata title scheme advice
We advise owners, purchasers, and strata corporations on strata title schemes, covering levies, by-laws, common property maintenance, and dispute resolution.
What is a strata title scheme and what does it mean for lot owners?
A strata title scheme is a form of property development that divides a building or development into individual lots and common property. Strata schemes are governed by state legislation, including the Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Development Act 2015 (NSW) in New South Wales, and the Strata Titles Act 1988 (SA) in South Australia, with comparable legislation in other states and territories. Each lot owner is a member of the strata corporation, which is responsible for managing and maintaining common property, setting and collecting levies from lot owners, and making and enforcing by-laws that govern the use of the lots and common property. The by-laws of the scheme bind all owners and occupants and can regulate matters such as the keeping of pets, parking, alterations to lots, and the conduct of residents. Disputes between lot owners or between owners and the strata corporation can be resolved through the corporation’s internal procedures or, if agreement cannot be reached, through the courts. We advise on strata scheme issues including levy disputes, by-law interpretation and enforcement, lot owner rights, common property maintenance obligations, and scheme management.
Is the strata corporation responsible for maintaining common property?
The strata corporation is required to manage and maintain the common property of the scheme under the applicable legislation. This includes the exterior of the building, shared facilities, and any areas designated as common property on the strata plan. If the corporation fails to maintain common property, a lot owner can raise the issue at a corporation meeting, pursue it through mediation, or seek an order from the court. We advise lot owners on their rights and the steps available when the corporation is not meeting its maintenance obligations.
What can I do if the strata corporation is not following its by-laws?
The strata corporation is responsible for enforcing the by-laws against all lot owners and occupants, and is also required to comply with its own by-laws in how it manages the scheme under the applicable legislation. If the corporation is not enforcing the by-laws or is acting inconsistently with them, a lot owner can raise the matter at a corporation meeting or seek legal advice on the appropriate remedy. We advise on by-law disputes and enforcement, and on the options available to lot owners who consider the corporation is not complying with the scheme’s rules.
What are strata levies and how are they set?
Strata levies are contributions set by the strata corporation to fund the administration fund and, where applicable, the sinking fund for long-term maintenance of the scheme under the applicable legislation. The levies are determined at corporation meetings based on the corporation’s budget and the anticipated costs of managing and maintaining the scheme. We advise on levy obligations and the process for raising a dispute if a levy appears to have been incorrectly set or applied.
Can I make alterations to my lot or install fixtures without approval?
Whether alterations to your lot require approval depends on the nature of the work and the by-laws of the scheme. Alterations that affect common property, the structural elements of the building, or the external appearance of the lot will typically require the consent of the strata corporation before work proceeds under the applicable legislation. We advise on what approvals are required for proposed alterations and assist in obtaining corporation consent so work can proceed without creating a by-law dispute.
Rights and obligations within the strata scheme understood before you act.
Levy obligations and disputes addressed through the correct process.
Alteration approvals managed so work proceeds without creating a dispute.
In a strata scheme, the corporation's decisions about levies, maintenance, and by-laws affect every lot owner.
Strata ownership gives you a lot, but it also makes you a member of a corporation that can make decisions affecting your property.
- We will advise on the by-laws and the scheme's documentation and what they require of you as a lot owner.
- We will advise on levy obligations and the process for disputing a levy if it appears incorrectly set.
- We will advise on common property maintenance rights and the steps available if the corporation is not performing its obligations.
- We will advise on alteration approvals and assist in obtaining corporation consent where work requires it.
You want to use and enjoy your strata lot without interference, but the corporation's rules and levy decisions affect your property and your investment.
What's included in your strata title scheme service
- By-law interpretation and compliance advice.
- Levy obligation and dispute advice.
- Common property maintenance rights and remedies.
- Alteration approval and corporation consent assistance.
- Dispute resolution and escalation options.
What goes wrong when strata scheme issues are not addressed properly?
Here is how we help you understand your position and address scheme issues effectively.
Rights understood, issue identified, process managed correctly.
Review and advise.
We review the by-laws and scheme documents to advise on your rights and obligations before any steps are taken.
Identify the process.
We identify the most appropriate process for the specific issue and advise on what is required to address it.
Manage and resolve.
We assist in managing the process through the appropriate channel and advise on options at each stage until the issue is resolved.
Property lawyers experienced in strata title schemes, lot owner rights, and scheme management across Australia.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
