Strata & Body Corporate

Strata and body corporate legal advice for governance, disputes, by-laws, and compliance. Trusted support across NSW and QLD.

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Legal Advice For Strata Management Schemes, Owners Corporations & Property Owners

Strata and body corporate schemes involve shared ownership and collective responsibilities that are governed by detailed legislation and by-laws. Disputes can arise between lot owners, owners corporations, committees, strata managers, and neighbouring properties in relation to governance, maintenance obligations, levies and the enforcement of by-laws.

BuildLaw provides practical legal advice to parties involved in strata and community title schemes. We assist clients in understanding their rights and obligations under strata legislation and help resolve disputes efficiently, while protecting their interests.

Our team provides strategic advice across a range of strata matters, from governance and compliance issues through to dispute resolution, and tribunal proceedings.

Our Strata & Body Corporate Services

Legal Support Across Strata & Body Corporate Matters

BuildLaw provides practical legal advice across a wide range of strata and body corporate matters. Strata schemes involve shared ownership, complex governance structures and statutory obligations, which can lead to disputes between owners, committees, strata managers, and neighbouring properties. Our team provides clear guidance to help clients navigate these issues and resolve disputes efficiently.

Strata Governance & Compliance

Advice to owners corporations and strata committees on governance obligations, compliance with strata legislation and the proper management of strata schemes.

By-Law Drafting, Interpretation & Enforcement

Preparation, review and enforcement of strata by-laws, including disputes relating to noise, nuisance, pets, renovations and the use of common property.

Levy Recovery & Financial Disputes

Assistance with disputes relating to strata levies, recovery of unpaid contributions and legal advice on financial obligations within strata schemes.

Maintenance, Repairs & Building Responsibilities

Advice on disputes concerning maintenance obligations, repairs to common property and responsibility for building defects or damage within strata schemes.

Strata Disputes Between The Owners

Legal advice in disputes between lot owners or between owners and the owners corporation, including nuisance complaints, property damage and by-law breaches.

Strata Development & Defect Matters

Advice relating to building defects or problems in strata developments, developer obligations and disputes involving newly constructed strata buildings.

Meetings, Motions & Committee Decisions

Advice on the validity of strata meetings, resolutions, voting procedures and decisions made by strata committees or owners corporations.

Tribunal & Court Proceedings Services

Representation in tribunal or court proceedings relating to strata disputes and governance matters.

Insurance & Damage Claims

Advice on strata insurance, property damage and recovery, including claims relating to building damage, defects and disputes with insurers.

Owners Corporations and Strata Management

Owners corporations and strata committees are responsible for managing the administration, governance and maintenance of strata schemes. These responsibilities are governed by detailed legislation and by-laws, and disputes can arise in relation to compliance obligations, levy collection, building maintenance and the enforcement of scheme rules.

BuildLaw provides practical legal advice to owners corporations and strata committees to help them navigate their legal obligations and manage disputes efficiently. We assist committees in making informed decisions that comply with strata legislation while protecting the interests of the scheme and its lot owners.

Our services for owners corporations include:

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For Strata Managers

Strata managers play a central role in administering strata schemes and ensuring that the scheme operates in accordance with applicable legislation and the scheme’s by-laws. Given the complexity of strata legislation, strata managers often require legal guidance when governance issues or disputes arise.

BuildLaw provides legal support to strata managers to help navigate regulatory obligations, resolve disputes within strata schemes and provide clear legal guidance to committees and lot owners.

Our services for strata managers include:

For Lot Owners

Lot owners within strata schemes must comply with the by-laws and governance framework of the scheme, while also protecting their individual property rights. Disputes can arise between owners and the owners corporation or between neighbouring lot owners in relation to by-law enforcement, maintenance responsibilities and the use of common property.

BuildLaw assists lot owners in understanding their rights and obligations within strata schemes and provides advice on resolving disputes that may arise within the scheme.

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For Property Investors & Landlords

Investors who own property within strata schemes must manage both their rights as lot owners and their obligations under the scheme’s by-laws and governance framework. Disputes may arise in relation to tenants, common property usage, by-law compliance and the responsibilities of the owners corporation.

BuildLaw provides legal advice to property investors and landlords involved in strata schemes to help manage risks and resolve disputes efficiently.

Our services for investors include:

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When to Seek Legal Advice in Strata Matters

Strata schemes operate under complex legislative frameworks and governance structures. Legal advice can be valuable when disputes arise or when decisions made by an owners corporation or committee may affect the rights or obligations of lot owners.

You may wish to seek legal advice if:

"Obtaining legal advice early can help clarify the available options, and assist parties in resolving disputes efficiently while protecting their legal rights."

Common Strata Disputes

Strata schemes can give rise to a variety of disputes due to the shared ownership structure and the collective responsibilities of lot owners and committees. These disputes often arise from disagreements about governance decisions, property maintenance, financial obligations or the interpretation of by-laws.

BuildLaw regularly advises clients on a wide range of strata disputes and governance issues, helping parties understand their rights, and resolve matters efficiently.

Common strata matters we assist with include:

Common Strate Disputes
faqs

Strata & Body Corporate Law

What is an owners corporation responsible for?

An owners corporation is responsible for managing the common property within a strata scheme, enforcing by-laws, maintaining shared areas of the building and administering the financial affairs of the scheme, including levies and maintenance funds.

If a lot owner fails to pay levies, the owners corporation may take steps to recover the unpaid contributions. This can include issuing formal recovery notices and commencing legal proceedings if the levies remain unpaid.

Responsibility for repairs depends on whether the issue relates to common property or a private lot. Generally, the owners corporation is responsible for maintaining common property, while lot owners are responsible for maintaining their own property within the lot.

If a dispute arises, it is often helpful to obtain legal advice early to understand your rights and the available options. Many disputes can be resolved through negotiation or mediation before formal tribunal proceedings are required.

Yes. Many strata disputes can be referred to a tribunal where the parties are unable to resolve the matter themselves. Tribunals can make orders relating to by-law enforcement, levy disputes, repairs and other strata matters.

Yes. BuildLaw advises property developers on the legal requirements involved in establishing new strata and community title schemes. Creating a strata scheme requires careful planning to ensure compliance with strata legislation and to establish clear governance structures for the future owners corporation. We assist developers with preparing strata by-laws, advising on governance structures, and ensuring the strata scheme is established correctly from the outset to minimise future disputes and compliance issue

Yes. An owners corporation can pursue claims against developers, builders or consultants for defective work. Early legal advice is critical to preserve rights and manage limitation periods.

Generally, the owners corporation is responsible for insuring the building and common property. Disputes can arise regarding coverage, exclusions and recovery, particularly where defects or damage are involved.

Yes. A by-law may be challenged if it is harsh, unconscionable or beyond power. The tribunal can invalidate or amend by-laws in certain circumstances.

Decisions may be challenged if proper procedures were not followed or if the decision is unreasonable. Orders can be sought to invalidate resolutions or require the owners corporation to act differently.

Need Advice on a Strata or Body Corporate Matter

Strata disputes and governance issues can become complex and time-consuming if not addressed early. Obtaining legal advice can help clarify your rights and obligations and assist in resolving disputes efficiently. BuildLaw provides practical legal advice across a wide range of strata and body corporate matters, assisting owners corporations, lot owners, strata managers and property investors. If you require advice regarding a strata dispute, governance issue or by-law matter, our team is available to assist.

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