The apartment scene in Sydney is hot! People now prefer strata living – be it the urban lifestyle or the coastal or suburban life. It is a tempting way of life for many people. They enjoy access to facilities, reduced maintenance needs, and relatively less cost as compared to other options in the property market.
However, strata living means more complexities in the process for which the buyer does not always prepare. Not only you buy a property but also yourself into legal intricacies involving levies, legislation, rules, and committee involvement in everything related to your lifestyle, living and maintenance of your property, and even its sale if necessary. While it does not bother too much when everything is okay, the problems arise when things become complicated.
That’s why understanding your legal rights plays a major role when facing issues such as a noisy neighbor, poor performance of the owner’s corporation or a building full of defects. The sooner you have access to quality Sydney law services, the better off you will be. Learn more about what you can do as an owner of the strata title by contacting professional Sydney lawyers.
What Is Strata Title — And Why Does It Matter?
To begin, you should know what strata title really means.
Strata title means that when you purchase your strata lot, you will have ownership of your unit or lot, as well as the common property. Your ownership of the common property occurs alongside all other lot owners in your scheme. Common property includes driveways, lawns, lobbies, lifts, rooftops, and common facilities.
The owners corporation – or body corporate – takes care of the common property. This is made up of all the lot owners in the scheme. They collect levies, maintain the common property, enforce by-laws, and make important decisions for the entire scheme.
All of this creates a complex web of obligations and entitlements that you need to know about.
Your Core Legal Rights as a Strata Owner in NSW
Strata laws in NSW are mainly found in the Strata Schemes Management Act 2015. This act provides for the rights of lot owners. The following are some of the rights accorded by the Strata Scheme Management Act:
The right to attend and vote at meetings. Lot owners have a right to attend and participate in voting on resolutions during the general meetings of the owners corporation. Matters such as setting the level of levies, passing by-laws, undertaking maintenance, among others can be considered at such meetings. Take note of the power associated with this right.
The right to access records. One can demand to see the financial records, minutes of the meetings, correspondence and insurance certificates kept by the owners corporation.
The right to proper maintenance of common property. The owners corporation is obliged to maintain the common property of the strata scheme. Should there be any problems with a leaky roof, malfunctioning lift or other common property that affects your lot and no action taken, you can file a complaint as per the law.
The right to enforce by-laws. By-laws are regulations that are applicable in each strata scheme and govern the rights and duties of the owners and residents of individual lots. Should any party in the strata scheme be found breaking these by-laws and the owners corporation not taking action, you can do something about it.
The right to a fair levy. Levies should be set in compliance with the law. Your levy amount cannot be changed without adhering to the law and procedure for doing so.
Dispute Resolution Rights. Under NSW legislation, the owners of properties have access to official dispute resolution procedures, including the NCAT (NSW Civil and Administrative Tribunal).
Common Strata Problems — And What to Do About Them
Being aware of your rights is important, but knowing how to exercise those rights is equally significant. Here is the list of the most common strata problems and the ways to deal with them.
Noise and Neighbor Disputes
Noise is the most commonly reported strata problem in Sydney. Issues related to loud music, renovations during unreasonable hours, pets, etc., can easily get out of control and turn into personal and emotional conflicts.
To start with, it is necessary to check the by-laws of your strata scheme. The majority of strata schemes have noise by-laws regulating such issues. In case you are being annoyed by a noisy neighbor, report the matter to the strata management company.
In case there is no proper reaction, file an application to NCAT asking for an order enforcing the by-laws.
Building Defects
This is one of the most pressing concerns currently facing strata owners in Sydney. Building defects in the form of cracks, waterproofing faults, structural problems, and fire safety non-conformity have impacted numerous high-rise buildings in NSW in recent years.
When you believe there may be issues with your building, take prompt action. There are certain strict deadlines for making a building defect claim based on the Design and Building Practitioners Act 2020 and the Home Building Act 1989. Failure to do so within the relevant period may result in your loss of entitlements.
The owners corporation is tasked with filing any defect claims on behalf of the scheme. In cases where they are not doing this or are doing so inadequately, lot owners should take up the issue at the general meeting. Having a professional and experienced Sydney law firm involved at this point is crucial. A property lawyer who is well-versed in building defect legislation will be able to evaluate your situation and provide advice regarding your options.
Levy Disputes
Some owners may be in default for their levies. Some owners may have doubts about the validity of a special levy being approved. Others may think that the money is being mismanaged altogether.
If you are in arrears, get it sorted out quickly. Owners corporations have the ability to take legal action against non-paying levies, and the interest builds up fast.
If you feel like the levy was raised improperly or the money is being managed incorrectly, get legal help. Mismanagement of money in strata schemes is more widespread than one might imagine.
Owners Corporation Disputes
In some cases, the source of dispute is not the neighbor at all. Badly governed committees, conflict of interest situations, arbitrary decision-making, and non-maintenance of common areas are some of the reasons where legal action can be taken.
Applicants can approach NCAT for having decisions reviewed, amendments made to by-laws, or the compulsory appointment of a strata manager in case of misgovernance of the owners corporation. This is a very potent tool that requires strategic litigation skills to be properly used.
Renovations and By-Law Approvals
Planning on doing renovations in your apartment? More often than not, the approval of the owners corporation will be needed, especially if the work entails altering any part of the common property.
Should your request for renovation be unjustly denied, you may resort to certain legal avenues. On the other hand, should another unit owner be working on some unauthorized renovation affecting you and the common property, you can do something about it.-
When to Call a Sydney Property Lawyer
Not every strata issue requires a lawyer. But several situations genuinely call for professional legal advice:
- You’re dealing with significant building defects and time limits are approaching
- The owners corporation is refusing to act on a matter where they have a legal obligation
- You’re involved in a levy dispute or suspect financial mismanagement
- A NCAT application has been made against you or your scheme
- A neighbour dispute has escalated beyond what the strata manager can resolve
- You’re considering buying into a strata scheme and want to understand its legal history
In all of these situations, early legal advice pays dividends. Experienced Sydney law services give you a clear picture of where you stand, what your options are, and the most efficient path to a resolution.
Know Your Rights — Before You Need Them
Living within strata in Sydney can truly be fantastic. Excellent architecture, common amenities, active communities. But it also means navigating some challenging laws that all owners need to be aware of.
There are a lot more rights available to you than you might think. It’s the legal system in NSW that helps safeguard lot owners, as well as hold owner corporations accountable. The secret is understanding what those rights are and how to apply them.
If there is something happening within the strata that is having an impact on your life, finances, or peace of mind, take the matter seriously. Get expert legal advice early.