Services

As we specialise in strata, community, and company title law, we are able to offer focused, efficient, and cost effective advice and services to owners, Owners Corporations, Community Associations, Company Title Corporations, and developers. Our services can broadly be summarised as follows:

Advice

Dispute resolution and litigation

Attending meetings

By-Laws

Development and subdivision

Agreements

 

Advice

We provide advice on all aspects of strata, community, and company title in New South Wales. Some examples of advice work we do are:

  • Whether an item of property is common property.

  • The validity and enforceability of a by-law.

  • The duties and responsibilities of owners and owners corporations.

  • Acquisition and subdivision of lots and common property.

  • Whether a by-law is required for proposed works.

  • Building defects.

  • The effect of a restriction on use of land or an easement.

  • Whether meeting procedures of a community association are valid.

  • Amending the constitution of a company title corporation.

  • The extent of any development that can be carried out on land.

  • Advice on any specific provision of the following legislation (including related regulations):

    • Community Land Management Act 1989 and 2021

    • Community Land Development Act 1989 and 2021

    • Conveyancing Act 1919

    • Corporations Act 2001

    • Real Property Act 1900

    • Strata Schemes (Freehold Development) Act 1973

    • Strata Schemes (Leasehold Development) Act 1986

    • Strata Schemes Management Act 1996 and 2015

    • Strata Schemes Development Act 2015

 

Dispute Resolution 

 

We prosecute or defend Court or Tribunal applications on behalf of an Owners Corporations, Community Associations, or Company Title Corporations. We adopt a commercial approach in dealing with every dispute. This ensures that all possible avenues of resolution are explored before proceeding to a final determination in a Court of Tribunal.

Applications in the NSW Civil and Administrative Tribunal

 

  • General disputes or complaints (e.g. failing to comply with by-law, damaging common property, or requiring an Owners Corporation to repair and maintain common property).

  • Building defects, breaches of implied warranties in the Home Building Act 1989, home owners warranty insurance claims, and negligence.

 

  • Unit entitlement reallocation

  • Appointment of a compulsory managing agent

  • Penalty applications against owners for breaching by-laws or orders of Tribunal

  • Authorising acts to be done during the initial period 

  • Terminating, amending or confirming a building manager agreement

  • Order concerning restricted property

  • Varying or revoking a strata or community management statement 

  • Invalidating resolutions or elections

  • Variation of insurance

  • Variation and manner of payment of contributions

  • Claims against strata managers (e.g. over charging or failure to follow instructions).

  • Building and other insurance claims.

  • Interim/ urgent orders

  • By-laws: Invalidating a by-law, revoking an amendment of a by-law, reviving a repealed by-law, or making a special privileges or exclusive use by-law.

  • Entry to a lot

  • Disputes between neighbouring strata schemes

  • Keeping or removing animals

  • Window safety devices

  • Personal property of the Owners Corporation 

  • Licences of common property 

  • Enforcing a restriction on the use of a lot

  • Approval of an owner's proposed or actual alterations or repairs to the common property

Local, District, Land and Environment, and Supreme Court applications

  • Injunctions.

  • Disputes concerning Strata Management Statements or Building Management Committees.

  • Oppression proceedings  under the Corporations Act (for Company Title Corporations).

  • Enforcement of easements, covenants, or restrictions on use.

  • Compulsory acquisition of land under the Land Acquisition (Just Terms Compensation) Act  1991.

  • Building defect claims under the Home Building Act 1989 and over the jurisdictional limit of the Tribunal.

  • Negligence claims.

  • Tree disputes under the Trees (Disputes Between Neighbours) Act 2006.

  • Access to neighbouring land disputes under the Access to Neibouring Land Act 2000.

  • Appealing proposed development within a scheme or on neighbouring land under the Environmental Planning and Assessment Act 1979.

  • Appealing the issue by Council of a Fire Control Order under the Environmental Planning and Assessment Act 1979.

  • Payment claims and Adjudications under the Building and Construction Industry (Security of Payments) Act 2009.

  • Telecommunication disputes concerning the Telecommunications Act 2009 (Cth).

 

Attending meetings

This is another general  service we provide where one of our lawyers will attend a meeting of an Owners Corporation or the strata committee (or any other meeting) or Community Association either for the Owners Corporation of Community Association or on behalf of an owner or other person entitled to attend the meeting. Examples of some meetings we attend are:

  • Attending a general meeting of an Owners Corporation on behalf of an owner to speak in favour of a motion to make a renovations by-law.

  • Attending a meeting of the strata committee at the invitation of the Owners Corporation to explain written advice.

  • Attending an onsite meeting on behalf of the Owners Corporation in relation to building defects.

  • Attending a meeting with a government body on behalf of the Owners Corporation to discuss a proposed compulsory acquisition of common property.

 

By-Laws

We assist Owners Corporations, developers, Community Associations, and owners to make, amend, repeal, or register by-laws. Our service entails the drafting of motions for consideration by Owners Corporations or Community Associations, advice concerning the validity of by-laws or a proposed by-law, and registration of a change to the by-laws. This service is provided by Fixed Cost By-Laws, a division of Strata Specialist Lawyers.

 

Development and subdivision

We assist developers (including Owners Corporations and owners) in developing strata and community titled property. Some of the development and subdivision work we do is:

  • Acquisition of common property by an owner.

 

  • Development of land into a strata titled parcel.

 

  • Conversion of lot property to common property.

 

Agreements

We service owners, Owners Corporations, and managers with any agreement relating to strata and community titled property in New South Wales. Examples of some of the agreements we work on are:

  • Building contracts.

  • Caretakers agreements.

  • Licensing agreements (e.g. rooftop telecommunications licence).

  • Strata management agreements.

  • Leases of common property.

  • Building management agreements.

  • Service contracts (e.g. cleaning contract or lift maintenance contract).