Roe Mackenzie Lawyers has a unique practice on the Central Coast of New South Wales providing specialist advice within the strata and development industry. We have acted for several years for both strata managers, owners corporations and individual owners. The services offered by Roe Mackenzie Lawyers in this area of law include:-
- Sale and purchase of strata scheme lots
- By law drafting and registration
- Owners corporation/body corporate compliance advice
- Strata scheme inspections
- Leasing and licencing of common property areas
Strata Law FAQ
What is a strata title?
Strata title is the most common title associated with town houses and home units and is evidence of ownership of a unit, which is called a ‘lot’, in a strata plan. A strata plan divides a building and its associated land into lots, each of which has a strata title, and usually common property.
Common property is the part of the land and building in the strata plan which does not form part of any unit, for instance stairways, passages, driveways and carpark. For a more detailed description of what is common property and what forms part of a lot click on the following link:
Identifying common property in a strata scheme
What is an owners corporation and how does it function?
An owners corporation is an artificial legal entity made up of all of the registered owners of all the units in the strata plan.
An owners corporation and its executive committee has powers and responsibilities to administer the strata scheme and care for such things as the land around the building, entrance, stairways and paths.
At each annual general meeting of an owners corporation an executive committee is elected to administer the day-to-day running of the strata scheme.
Most owners corporation employ strata managers to assist with the administration of some of its powers or duties in running the strata scheme.
Prior to the commencement of a strata scheme, the original owner may appoint a caretaker to manage the common property, maintain and repair the com-mon property, or control the use of the common property by persons other than owners and occupiers.
The rights and responsibilities of the owners corporation and lot owners are governed by the Strata Schemes Management Act 2015 (NSW). By-laws are the rules and regulations which define the powers and obligations of the owners corporation and of individual lot owners. The basis for most strata scheme by-laws in New South Wales are contained in Schedule 3 of the Strata Schemes Management Regulation 2016 (NSW). With some restrictions, special by-laws can be made by a special resolution of the Owners Corporation to add, change or delete the standard by-laws. We have advised clients on the operation of these new laws, including common property rights by-laws, which came into effect on 30 November 2016.
Some by-laws place restrictions on the behaviour of residents, for instance not allowing them to keep pets.
What are the main powers and obligations of an owners corporation?
The Owners Corporation has several powers and obligations. Some of those powers and obligations can be delegated to the executive committee or the strata manager.
The powers and obligations include:-
- Keeping the records of the owners corporation;
- Repair and maintenance of common property;
- Enforce the by-laws and sue for any damage caused to the building and common property;
- Establish funds based on contributions from individual lot owners known as levies to fund property management and maintenance;
- Arrange for the employment of the a strata manager and/or building manager
- Arrange and keep current insurance policies against fire and damage to common property and other insurances required by law including workers compensation and public liability insurance
- To pay rates and taxes levied on the land
I have a strata dispute with the Owners Corporation or another lot owner. How can I have my dispute resolved?
Disputes between lot owners or with the owners corporation are best re-solved by discussion. Should this fail you can apply for a settlement by mediation or adjudication through the Office of Fair Trading. Mediation is a process of negotiation with a neutral and independent mediator to assist in achieving a resolution. An agreement reached at the end of mediation is binding for the parties involved. In the event mediation does not achieve a result proceedings can be commenced in the Consumer Trader and Tenancy Tribunal. Roe Mackenzie Lawyers specialise in acting for both owners corporations, usually on the instruction of strata managers and also individual lot owners in respect of such disputes.
I am looking at buying a strata unit. How can Roe Mackenzie Lawyers help me?
Roe Mackenzie Lawyers will seek full details of:-
- Any strata manager appointment and the terms of such appointment;
- The strata plan;
- Levies payable to the owners corporation and whether they are in arrears;
- Any changes to the by-laws including the regulations with regards to pets, air conditioners, pay TV and other like matters;
- Insurance policies held by the owners corporation;
- Any current or potential legal proceedings involving the owners corporation; and
- Any expenses for which the owners corporation is or may become responsible including the cost of fixing common property building defects;
Roe Mackenzie Lawyers can also provide advice on the contract for sale of the strata lot, suggest any necessary changes and negotiate those changes on your behalf, prepare necessary adjustments to make sure strata levies are paid up to the date of the purchase by the existing owner and advise the owners corporation of the change of ownership on the completion of the purchase.