Strata Disputes

03.10.2022
Strata Disputes

Concerns, disputes and issues can arise within strata properties for numerous reasons.

Sometimes a lawyer in Chatswood can be required to help mediate and resolve the issue.

For example, disputes can happen:

  • Between residents inhabiting a strata property where they disagree on a particular matter
  • Between individual people/residents/owners and the owners corporation
  • Between individual residents and strata companies or strata manager

A resolution should be sought quickly with strata disputes.

When issues cannot be resolved quickly, it can cause a lot of stress and disruption to both parties, especially if it’s between two residents.

NSW Fair Trading offers a free mediation service for strata related disputes.

If all else fails, you can also engage a lawyer in Chatswood, like TY Lawyers who have extensive experience in working on various strata issues and disputes.

TY Lawyers are a commercial law firm in Chatswood also specialising as litigation lawyers in Chatswood.

Common Strata Disputes Between Residents

Generally the most common strata disputes between residents relate to breaching by-laws and not respecting others and their environment, living within the same strata title.

Things such as:

  • Excessive noise: music, pets, alarms, power tools
  • Parking on common property without approval
  • Parking in someone else’s space
  • Common property damage or alterations without owners corporation approval
  • Leaving rubbish in unapproved areas
  • Leaving items around common area spots, eg. Leaving strollers or bikes in hallways of unit blocks, blocking the walkway
  • Second hand smoke coming in to your property

These points can all be cause for a dispute within a strata residential complex.

How To Resolve These Disputes

If talking to the person causing the concern does not work in the first instance, you can always go further by next contacting the owner’s corporation. They can assist you further by starting a formal internal dispute resolution process depending on the severity of the issue.

The offending person will need to be notified that they are breaking the by-laws in the form of a letter, and can be formally issued with a ‘notice to comply’ letter thereafter, if the behaviour continues.

After this, penalties can apply.

If a matter cannot be resolved, a last resort option can be to take it to the NSW Civil and Administrative Tribunal (NCAT).

Generally you represent yourself at a NCAT hearing, however you can send a written request to be represented by a lawyer in Chatswood, and you will be advised either at or before the first hearing if you can be represented.

This is not to say you cannot consult directly with a property or litigation lawyer in Chatswood to get advice on how to proceed and successfully represent yourself in the case beforehand.

Common Building Disputes

When it comes to building disputes in strata complexes, this can relate to when there are works taken out to repair or renovate something around the property and it’s not completed at a satisfactory level or is faulty.

When faulty works is completed, if no responsibility is taken by the building company, a commercial law firm or litigation lawyer in Chatswood may need to be engaged.

TY Lawyers has an excellent background in resolving Strata disputes. We understand that it is important for both parties to resolve disputes with as little external involvement as possible as quickly as possible.

Our Strata lawyer team in Chatswood provides a safe, neutral open space for tenants, owners and strata contacts to discuss issues, while knowing that concerns will be addressed and action will be taken to achieve a resolution.

Get in touch with TY Lawyers on (02) 8007 0135 or via email on mail@tylawyers.com.au

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