Allen Law is experienced in all aspects of Strata legislation. We have advised and represented both strata corporations and lot owners on issues such as the validity of by-laws and breaches of the Strata Titles Act 1985 (WA) and the Owners Corporation Act 2006 (Vic).
The laws in relation to the governance of strata title can be complex.
We advise strata corporations, owners’ corporations, strata managers and lot owners on all aspects of strata law, including best practice governance procedures and compliance with the regulatory framework.
We advise on the interpretation and validity of by-laws in accordance with the law of your State or Territory.
If there is a dispute concerning a particular by-law, how it applies, or if there’s a question as to its validity and consequential enforceability, we can assist.
From time to time, a lot owner may breach the strata corporation’s by-laws, that is, the strata corporation’s own laws which govern the day to day life of living in a strata complex, governed by strata title.
The most common disputes are noise complaints, both within a lot owners property and on common property. However, other kinds of complaints also commonly arise.
If your strata corporation needs to issue a breach notice, because one of the by-laws have not been complied with, we can ensure the breach notice is lawful in accordance with the law governing strata titles in your State or Territory, and that it complies with the strata corporation’s by-laws.
Likewise, we can act for a lot owner that has received a breach notice from a strata corporation.
The nature of strata title gives rise to a heightened likelihood of disputes, because people live in close proximity and also have the ability to take action action against, what is considered, the ‘building owner’ i.e., the strata corporation, for various things they may dislike about the management of the building.
As a consequence, disputes arising out of strata title are common, and they include:
We can assist with any strata dispute which may arise in your complex, big or small.
Sometimes, a lot owner fails to pay their statutory contribution to the strata corporation, a fee which is not optional. It must be paid as it is a compulsory obligation at law, and necessary for the continual operation of the strata corporation, and for its ability to meet its statutory obligations, such as keeping the building in good repair.
However, sometimes these obligations are not complied with, and this puts additional strain on all other lot owners to cover the costs associated with the day to day running of the building, and the obligations of the strata corporation.
If your strata corporation is owned money by a lot owner, or anyone else, we can help you outstanding levies or other amounts, cost effectively.
Non aedificum est, sed domus – it’s not a building, but a home
