Latest Case Notes

The book
Journal
college of law logo

Strata disputes

Bransgroves Lawyers have in-depth experience and knowledge when it comes to serious Strata-scheme disputes. In many cases our knowledge and experience, when brought to bear, can help resolve disputes sooner rather than later. We encourage disputants to discover the legal position before blundering along in error so that positions become intractable and animosity entrenched.

The types of disputes we assist with include:

  1. Enforcement of by-laws
  2. Abuse of by-laws
  3. Breach of the constitution of the owners corporation
  4. Breach of legislation by the owners corporation or the executive
  5. Validity of meetings or procedures
  6. Variation of insurance and unit entitlement allocations
  7. Levy and sinking fund issues
  8. Legal cost recovery by owners corporation
  9. Hiring and firing and accountability of the Strata Managing Agent
  10. Pursuit of developers and builders for defective building work
  11. Disputes with developers over management rights
  12. Leases to third parties
  13. Improper use of common property

The Strata Schemes Management Act 1996 and the Community Land Management Act 1989 set out processes for resolving disputes.

  1. Mediation
  2. Notice to comply with a by–law
  3. Orders by an Adjudicator
  4. CTTT hearings
  5. Appeals to the District Court
  6. Appeals to the Supreme Court

At each step of the way we can help. Alternatively, many clients use us as consultants on the law up to and including the Tribunal hearing only asking us to formally represent them on judicial appeals. Our knowledge of strata law can ensure that you know your rights, can proactively enforce them with confidence and efficiency.