Clarifying the real issue
Strata disputes can combine legal rights, building conditions, scheme governance and ongoing relationships between neighbours. The first task is to identify the decision, duty, conduct or property issue in dispute and separate it from the history surrounding it.
Pezikian Legal can review the by-laws, strata plan, meeting records, correspondence and technical material, then explain the available remedies, procedural requirements and evidence likely to matter.
Common strata disputes
- Repair and maintenance of common property
- Water ingress, building work, damage and access
- By-law validity, compliance and enforcement
- Meetings, resolutions and strata committee decisions
- Records, information and inspection rights
- Noise, nuisance, parking, pets and use of property
- Renovation approvals and common-property rights
- Strata management and building management agreements
- Boundary, retaining wall, dividing fence and tree issues
- Appointment or removal of a strata managing agent
Resolution pathways
A dispute may be addressed through targeted correspondence, negotiation, a general meeting, NSW Fair Trading mediation, NSW Civil and Administrative Tribunal proceedings or court litigation. Mediation is compulsory before many strata applications can be made to NCAT, although exemptions apply to some orders.
The right pathway depends on the order required, the urgency, the evidence and whether the parties need to preserve an ongoing relationship. Interim relief may be available in some matters where action is needed before the substantive dispute is determined.
Evidence and preparation
Strata disputes are easier to assess when the documentary record is complete and chronological. Relevant material may include the strata plan and by-laws, notices and minutes, quotations and invoices, photographs, expert reports, emails, building records and a timeline of key events.
Before an application is made, the proposed orders should be framed precisely and the statutory basis, mediation requirement, time limit and supporting documents checked.
How Pezikian Legal can assist
- Early case assessment and dispute strategy
- Pre-action correspondence and without-prejudice negotiation
- Advice on motions, resolutions and meeting process
- Preparation for NSW Fair Trading mediation
- NCAT applications, responses and hearings
- Court proceedings where the matter falls outside NCAT or requires other relief
- Working with building consultants, engineers, valuers and counsel where appropriate