10th May, 2024
Dealing with strata disputes in New South Wales (NSW) can be complex, but understanding the process can help you navigate through it efficiently. Strata disputes involve disagreements between owners of lots in a strata scheme, the owners corporation (previously known as ‘body corporate’), strata committee, managing agent, building manager, or other interested parties. These disputes can range from issues related to maintenance and repairs, to disagreements over by-laws or financial matters.
Knowing how to handle strata disputes is essential when faced with disagreements that cannot be resolved informally. For instance, if you’re experiencing difficulties with a neighbour regarding noise complaints, or if there are disputes over common area maintenance responsibilities, understanding the steps outlined in this guide can help you address the situation effectively.
Here’s a step-by-step guide to assist you:
- Attempt informal resolution: Start by trying to resolve the issue informally through direct communication or mediation with the strata committee, agent, or any other relevant parties that may be involved to resolve the issue. Seeking legal advice beforehand can strengthen your position during negotiations. For tenants dealing with strata issues, it’s crucial to review the rental agreement to know your rights and responsibilities.
- Know the legislation: Familiarise yourself with the Strata Schemes Management Act 2015 and the Strata Schemes Management Regulation 2016 to understand your rights and obligations. Our team at Castrikum Adams Legal can help decipher the relevant sections and provide guidance tailored to your situation.
- Seek legal advice: If informal resolution fails, consider seeking legal advice to understand your options and obligations. Our experienced team can guide you through the process or represent you in the dispute.
- Make a formal complaint: If informal methods don’t work, lodge a formal complaint with NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT). We can assist in preparing the application and provide representation if needed, to make formal complaints after attempts have been made to resolve and mediate.
- Attend a hearing: If the dispute proceeds to a hearing, present your case along with any evidence or witnesses. You may request solicitor representation with leave from the tribunal if necessary.
- Follow the outcome: Adhere to the decision made, which may involve making changes to your strata scheme or paying fines.
While strata disputes in NSW can be daunting, following these steps can streamline the process. If you are dealing with a strata dispute, please reach out to our experienced team at Castrikum Adams Legal.