Strata Lawyer - Sydney

We can advice you on all aspects of strata including
maintenance, remedial work, and defect work.

A strata lawyer can efficiently prevent and manage legal issues that may arise in strata schemes.

There are different laws that apply to strata complexes as compared to freestanding homes. Strata schemes can be quite complicated. Multiple owners- different types of people with varying personalities- need to co-exist in a shared space, so rules and regulations, by-laws must be followed and implemented to ensure that the strata complex will run smoothly.

Incidentally, issues and disputes naturally arise. That’s why there are construction lawyers who specialise in strata law who can assist in preventing and dealing with legal issues.

Contracts Specialist are strata specialist lawyers who can advise and represent clients who are owners of strata title lots, strata corporations, Executive Committees, and strata managers on all facets of strata. This includes advising on construction contracts and levy payments.

Why would clients need a strata lawyer?

A strata lawyer specializes in strata law. Construction disputes can be complex and require expert advice. So a strata lawyer can give clients confidence by providing the right legal advice and making sure to enforce and defend their rights.

Important legislations that apply to strata schemes

The Home Building Act 1989 (NSW) is the law that regulates the residential building industry
and certain specialist work in NSW.

The Strata Schemes (Freehold Development) Act sets out the law in relation to the system of ownership within a Strata Scheme. Strata title gives an individual exclusive ownership of part of a building (ie. their ‘lot’), as well as some rights over the common property parts of the building. The Act includes details about how lots may be subdivided and strata plans registered, and the way common property may be leased, transferred, or acquired.

The Strata Schemes Management Act 2015 sets out the rights and responsibilities of the Owners Corporation, and of the individual owners and occupiers within the Strata Scheme. The Act includes procedures for meetings by the Owners Corporation, the appointment and role of an executive committee, financial management, key management areas such as maintenance and repairs, insurance requirements, and a disputes resolution process.

Issues Strata Specialist Lawyers can help you with

The strata solicitors of Contracts specialist can advice clients on all aspects of strata including maintenance, remedial work, and defect work, from contracts preparation to enforcing legal rights against builders and tradesmen.

Recovery of Levies

Many Owners Corporations have trouble with recovering levies from strata title lot owners. Strata schemes can be short on funds to pay for essential expenses such as insurance, repair, and maintenance. However, this is not a matter that should burden executive committees, as they are entitled to commence Court proceedings to recover outstanding levies.

Based on the Strata Schemes Management Act 2015 (NSW), the Owners Corporation is entitled to recover any unpaid contributions in accordance with the terms of the Act along with interest and the reasonable costs of enforcement.

Defect Claims

In the first few years after registration of a strata plan and a developer selling the lots in the strata plan to the public, the Owners Corporation usually experiences issues with defects in the building such as water ingress, cracks, peeling, settlement, and so on.

Based on the Home Building Act 1989 (NSW), the Owners Corporation can commence proceedings to enforce the statutory warranties to recover the costs of rectifying such defective work.