Common Strata Disputes and How to Resolve Them - Jamesons | Strata Managers Sydney
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Common Strata Disputes and How to Resolve Them

28 July 2017

Within the NSW strata guidelines there are a range of useful procedures to deal with common strata issues and strata disputes. Find solutions to some of the typical matters below.

Common Strata Issues Options to Resolve the Issue
A neighbour is breaching your strata scheme’s by-laws, for example through unauthorised parking, excess noise or

nuisance smoking.

1.     Speak directly about the issue with the neighbour in question.

2.     If the behaviour continues, advise your owners corporation who can choose to issue them notices including a Notice to Comply with a By-Law.

3.     If the issue still is not resolved, your owners corporation can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to impose a penalty.

You’d like to obtain exclusive use of some common property, for example a car space or an adjoining courtyard. 1.     Submit a motion, prepared by a specialist Strata Lawyer to the secretary (or Strata Manager) of your strata committee requesting the exclusive use of that common property. To be passed, the motion must be voted in by special resolution (at least 75% of the owners corporation) and you will need to provide written consent.
You’d like to renovate your property. 1.     If the works are classed as cosmetic such as hanging nails, painting or filling minor wall cracks, you will not need permission from your owners corporation.

2.     If the works are classed as a minor or major renovation such as refurbishing a kitchen, write to the secretary requesting a motion to be put on the agenda of the next strata meeting.

3.     If the works contain structural changes including waterproofing you will need a special By-Law to be passed at a General Meeting as mentioned above.

 

The first step for any renovation is to contact your strata manager to find out exactly what the buildings specific By-Laws are that apply for renovating as it changes from building to building.

 

You would like to have a by-law changed.

 

1.     Changing a strata by-law requires a special resolution. Write to the secretary (or strata manager) to request a motion to be put on the next agenda.

1.     If the motion is supported by special resolution, the by-law will be adopted and will need to be registered with the NSW Office of the Registrar General.

You disagree with a decision that was made by your owners corporation. 1.     Speak with your strata manager, write to your strata committee or access the internal dispute resolution process within your strata scheme.

2.     Write to the secretary requesting a motion to be put on the agenda of the next general meeting.

You’re feeling dissatisfied with the current strata managing agent. 1.     Write to your strata committee or owners corporation.

2.     Write to the secretary requesting a motion to be put on the agenda of the next general meeting. This motion may be to discuss the strata management’s conduct or to terminate their contract.

3.     If the motion is not supported, your owners corporation may apply to NCAT (NSW Civil & Administrative Tribunal) for an order.

4.     You can also direct any complaints about the strata managing agent’s responsibilities and conduct as part of their licence conditions to NSW Fair Trading.

Your strata scheme is facing a prospective collective sale 1.     Review the collective sale process established by Fair Trading NSW.

2.     Read all documentation and seek independent advice before signing any agreements.

3.     If you have questions or need further information, contact Fair Trading.

There has been damage to a lot. 1.     Speak with your strata manager, write to your strata committee or access the internal dispute resolution process within your strata scheme.

2.     Write to the secretary requesting a motion to be put on the agenda of the next general meeting.

3.     If the issue is not fixed, you can apply for a determination by NCAT.

There is common property that needs repairing. 1.     Speak with your strata manager, write to your strata committee or access the internal dispute resolution process within your strata scheme.

2.     Write to the secretary requesting a motion to be put on the agenda of the next committee meeting or for the matter to simply be attended to.

3.     If the issue is not fixed, you can apply for a determination by NCAT.

You have noticed a building defect covered under a warranty.

 

There are strict timeframes covering your right to have action taken on building defects under the property’s statutory warranties.

 

1.     Write to the secretary requesting a motion to be put on the agenda of the next general meeting.

2.     If the issue is not addressed, you can apply to Fair Trading for mediation.

3.     If the issue is still not resolved you can apply for a determination by NCAT.

Contact the team at Jamesons Strata Management with any further questions.