Strata living means you own the strata unit or the apartment and share ownership and responsibility for the common property. According to 2020 Strata data, Australia has over 340,601 registered strata schemes.
While there are several benefits in living in a strata community, close living arrangements and conflicting views between owners often lead to disputes. If you are part of such a dispute, you need to contact a strata lawyer Sydney to get a peaceful resolution. Here are some ways in which the strata lawyer can help.
Understand the Dispute for Amicable Resolution.
According to 2015 NSW strata data, NSW has around 70,591 residential strata schemes, of which 42% are in the Greater Sydney area. A strata lawyer understands different strata schemes like apartments, shopping centres, mixed-use (retail shops below and residential apartments above), and resorts. The attorney also understands challenges with lot property and common property.
The strata lawyer in Sydney has adequate knowledge of by-laws governing different types of strata schemes. They can make the apartment owners understand their shared responsibility towards the common property. The lawyer can resolve strata disputes between homeowners and also with the builder.
A Better Understanding of By-Laws
Australia has passed legislation that defines various by-laws for strata schemes. The legislation identifies the responsibility of the owners of the strata units. The by-laws regulate several essential matters like keeping pets, common property, parking, and noise.
Many strata schemes do not have a corporate body to clarify the standard rules set for strata living. In such cases, the strata lawyer can help the house-owners understand the by-laws that govern strata living. If the dispute cannot be settled mutually, the lawyer can also offer a legal opinion to settle the dispute in court.
Prevent Unauthorised Work on Common Property
The Greater Sydney area has the highest number of residential strata schemes in Local Government Areas (LGAs) of Sutherland, Randwick, Gosford, and North Sydney. The Australian legislation clearly defines the property rights of an individual in different scenarios. For example, it does not give any strata unit owner explicit rights over the common property.
Suppose any strata unit owner encroaches on common property. In that case, the lawyer can help you file a civil suit and get a court order to stop unauthorised work until the final court hearing.
Make Renovating Easier for Strata Owners
The renovations rights are different for individual houses and strata units. Although you own a strata unit, you cannot renovate the strata unit without strata committee approval. The renovation approval should be passed by a 75% majority in a general meeting.
If you are confused about renovation or your neighbour is objecting to your renovation, the lawyer can help you understand your rights for the strata unit. According to the new Strata Management Act, 2015 of NSW categorises renovation in three categories—cosmetic, minor, and major.
The cosmetic renovation does not need any approval. The minor renovation needs a simple majority resolution, while major renovation work needs a special resolution. The lawyer can explain which renovation works fall in the cosmetic, minor, and major categories and guide you to get permissions accordingly.
Many debates can be settled rapidly in the beginning phases in case they are examined transparently. Proprietors companies can set up their own inner question taking care of cycles to manage minor debates.
Choice by the proprietors enterprise
Issues can be thought of, chose and actioned by the proprietors enterprise. These incorporate by-law breaks, unseemly utilization of normal property, issues with fixes and support and worries about a layers overseeing specialist.
These are some ways in which a strata lawyer will help resolve strata community disputes.
On the off chance that an issue isn’t settled by intervention, an application can be made to the NSW Civil and Administrative Tribunal (the Tribunal). In the event that you have a matter in the Tribunal, you ought to go to the meeting. In case you can’t go to face to face, you can demand a phone hearing or communicate your perspective in composed structure.
Certain applications can’t be acknowledged by the Tribunal without the gatherings endeavoring formal intercession. Nonetheless, the Registrar might consent to hear the matter in the event that one of the gatherings has wouldn’t take part in intercession or the Registrar thinks about that intervention would be improper in the conditions. These include:
arrangement of a necessary layers overseeing specialist
designation of unit qualifications
admittance to a great deal by a proprietors enterprise to examine or fix normal property
punishment questions
admittance to layers records.
At the point when the Tribunal gets an application to hear a layers debate, it is needed to give a duplicate of the application to the significant proprietors company. The proprietors organization should then disperse duplicates of the application to all parcel proprietors in the layers plot, with the exception of the gatherings who are now named in the application. The proprietors company should likewise put a duplicate of the application on the plan’s notification board, on the off chance that it has one.
