Owners Corporations (Strata)

Strata schemes can be complex, both legally and politically, and can be difficult for both individual lot owners and Owners Corporations to deal with. It is important that all parties are familiar with the recent amendments and updates to the Strata Schemes Management Act 2015. It can involve dealing with different property rights including common property and lot property, strict rules and regulations in relation to the Owners Corporation, by-laws, meetings, agendas, resolutions, defect work, and construction work.

It is important for Owners Corporations and strata managing agents to obtain proper and correct advice in order to navigate through the complex pieces of legislation that entwine strata management. We represent Owners Corporations, developers, banks, insurers, and builders in relation to strata law matters and can assist in a number of areas including Owners Corporation governance, financial and asset management, insurance, management, and administration.

We can advise on a wide range of strata-related matters including:

 

Building Defects

  • Resolving and managing building defect claims, including via Tribunal and Court proceedings
  • Home Building Act 1989 advice
  • Combustible cladding
  • Building contracts and tenders
  • Contract negotiation and preparation for remedial building works, and building defects disputes
  • Expert determinations
  • Home Warranty Insurance claims
  • Commercial arbitration

 

General

  • Creating a new lot out of common property, reallocating lot entitlements
  • Dealing with privacy implications and licensing agreements
  • Representation of lot owners and Owners Corporations in strata disputes and litigation, including mediation, the NSW Civil and Administrative Tribunal, and Local and State Courts
  • Preparation of common property licenses and leases, caretaker agreements, and building management agreements
  • Work Health & Safety
  • Insurance claims
  • Preparation of by-laws, including reviews of current by-laws and changes and enforcement of strata management and community management statements
  • Levy recovery