Strata Lawyers

Strata disputes in New South Wales (NSW), Australia, arise in the context of strata-titled properties, which are properties that are divided into individual lots (such as apartments or townhouses) and common property areas (such as corridors, common gardens, and facilities). These disputes can involve disagreements between owners, tenants, and the strata committee (a group of owners elected to manage the property's common areas). Strata disputes can encompass a wide range of issues related to the management and use of the property.

Common types of strata disputes in NSW include:

1. Noise Complaints: Disagreements over excessive noise, such as loud parties, construction noise, or noise from pets, can lead to disputes between neighbors.
2. Parking and Access Disputes: Disputes can arise over parking allocations, unauthorized parking, and access to common parking areas.
3. Maintenance and Repairs: Disagreements about the responsibility for maintenance and repairs of common property or individual lots, including issues like leaks, structural repairs, and building defects.
4. Renovations and Alterations: Conflicts can occur over renovations or alterations to individual lots that might affect the building's structure, appearance, or other residents.
5. Pets and Bylaws: Strata schemes often have bylaws governing the keeping of pets. Disputes can arise if an owner or tenant violates these bylaws.
6. Financial Disputes: Disagreements about strata levies (fees paid by owners to cover communal expenses), special levies (one-off charges for unexpected expenses), and financial mismanagement.
7. Behavioural Issues: Disputes related to the behavior of residents, such as harassment, nuisance, or breaches of strata bylaws.

To resolve strata disputes in NSW, you can consider the following steps:

1. Internal Dispute Resolution (IDR): The first step is usually to try to resolve the dispute within the strata community. This can involve communicating with the other party, discussing the issue at strata meetings, and seeking mediation if necessary.
2. Mediation: If internal discussions do not resolve the dispute, you can engage a mediator through NSW Fair Trading. Mediators are neutral third parties who help facilitate discussions and negotiations between the parties involved.
3. NSW Civil and Administrative Tribunal (NCAT): If mediation fails or is not applicable, you can apply to the NSW Civil and Administrative Tribunal (NCAT). NCAT is a government body that handles a range of disputes, including strata disputes. It offers a cost-effective and accessible way to have disputes resolved through a formal legal process.

Navitas Legal can assist you with legal advice in strata law. We can provide guidance on your rights and responsibilities and represent you in NCAT proceedings.