Building & Construction Disputes
Strata and Body Corporate Disputes — Protect Your Lot and Your Rights
Disputes within strata schemes and body corporate or owners corporation communities are common, complex, and deeply personal — your home and investment are at stake. Whether the issue is an improper special levy, a by-law enforcement dispute, or a body corporate refusing to maintain common property, specialist legal advice can resolve the matter through the right tribunal pathway.
⚠ Applications to NCAT, VCAT, or the BCCM adjudicator have time limits and must be preceded by proper notice — delaying action can mean paying a levy you could have challenged, or suffering damage that could have been prevented — submit your request now.
Does This Sound Like You?
Common strata and body corporate disputes we help with.
Body corporate not maintaining common property
The owners corporation or body corporate has failed to repair or maintain common property — a leaking roof, broken lift, crumbling external render, or damaged car park — that is directly affecting your lot. You have raised the issue at meetings and in writing but no action has been taken, and the damage is worsening.
Special levy dispute
The body corporate or owners corporation has raised a substantial special levy to fund major works. You believe the levy was approved without proper notice, without a proper resolution being passed, without proper tendering of the works, or that the amount is excessive relative to what is genuinely needed. You want to challenge the levy before you are required to pay it.
By-law enforcement disagreement
The owners corporation or body corporate committee has issued a notice to comply with a by-law that you believe either does not apply to you, was not validly made, or is being selectively enforced against you while similar conduct by other lot owners is being ignored. Alternatively, a neighbour is breaching a by-law and the committee is refusing to act on your complaint.
Committee acting improperly or without authority
The strata committee or body corporate committee has made decisions that exceed its authority under the scheme's legislation or the rules — awarding contracts without tender, spending funds without a general meeting resolution, or acting in a way that benefits certain lot owners at the expense of others. You want to challenge the committee's conduct and seek an order that the decision be set aside.
Lot owner renovation refused or obstructed
You want to renovate your lot — for example, adding a deck, replacing flooring, modifying plumbing, or making changes that affect common property — and the owners corporation has refused to give the required approval, or has imposed conditions so onerous that the renovation is not commercially viable. You believe the refusal is unreasonable or contrary to the scheme's by-laws.
Neighbour breaching by-laws
A neighbouring lot owner is using their lot in a way that breaches the scheme's by-laws — running a short-term letting operation in breach of by-laws, keeping pets not permitted, creating nuisance noise, or making unauthorised alterations. The body corporate committee has been notified but has not taken enforcement action, leaving you to deal with the ongoing breach.
How It Works
Resolving a strata dispute starts with understanding the scheme's rules and the right tribunal
Submit the details of your dispute, your state, and the nature of the body corporate or owners corporation. A strata law specialist will identify the applicable legislation, advise on the dispute resolution pathway, and help you take the right steps to resolve the matter.
Submit Your Strata Dispute RequestSubmit your request
Tell us about the strata scheme, the nature of the dispute, your state or territory, and what steps you have already taken within the scheme. Attach any relevant by-laws, notices, or meeting minutes if you have them.
Lawyer identifies the right pathway
Your lawyer reviews the applicable strata or community titles legislation, identifies whether internal dispute resolution, mediation, NCAT, VCAT, BCCM adjudication, or court proceedings is the right forum, and advises on the strength of your position.
Application filed and outcome secured
Your lawyer prepares the application, drafts submissions, and represents you through the tribunal process until an order is made compelling the body corporate or the offending owner to comply, pay compensation, or fix the problem.
NCAT & VCAT
Specialist strata and owners corporation tribunals provide accessible, cost-effective resolution of lot owner disputes
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
BCCM & SAT
Our lawyers also handle Queensland BCCM adjudications and Western Australia SAT applications for strata disputes
Before You Apply
Practical questions about strata and body corporate disputes.
Which tribunals handle strata disputes in each state? +
Strata dispute tribunals vary significantly between states. In New South Wales, the NSW Civil and Administrative Tribunal (NCAT) handles disputes under the Strata Schemes Management Act and Community Land Management Act. In Victoria, VCAT's Planning and Environment List deals with owners corporation disputes under the Owners Corporations Act. In Queensland, disputes are managed through the Body Corporate and Community Management Act adjudication process (BCCM adjudicators), with appeals to QCAT. In Western Australia, the State Administrative Tribunal (SAT) handles strata title disputes. South Australia has SACAT, and other states have equivalent bodies. A strata lawyer can confirm the right forum for your specific dispute.
How do I enforce a by-law against a lot owner who is breaching it? +
The enforcement process generally begins with the owners corporation or body corporate issuing a notice to comply to the offending lot owner, setting out the by-law being breached and requiring compliance within a specified period. If the breach continues after the notice, the owners corporation can apply to the relevant tribunal for a penalty order or an order requiring compliance. In NSW, NCAT can impose penalties of up to $1,100 for each by-law breach. If the owners corporation refuses to act on a lot owner's complaint, an aggrieved lot owner may in some circumstances apply to the tribunal directly to require enforcement action to be taken.
Can a special levy be challenged after it has been raised? +
A special levy can be challenged if it was not properly approved — for example, if proper notice was not given before the general meeting, if the resolution did not achieve the necessary threshold (which may require a special resolution in some circumstances), or if the amount is unreasonably excessive given the genuine need. In NSW, a lot owner can apply to NCAT for an order declaring the levy invalid or for the approval of a reduced amount. Challenging a special levy requires acting before it falls due and making a properly supported application. Paying the levy under protest to preserve your position while challenging it is sometimes advisable — a lawyer can advise on the best approach for your situation.
What is the owners corporation's obligation to maintain common property? +
In NSW, the owners corporation has a statutory duty to properly maintain and keep in a state of good and serviceable repair the common property, and to renew or replace any fixtures and fittings that form part of the common property. In Victoria, the owners corporation is required to maintain and repair common property and the common areas of the building. A failure to maintain common property that causes damage to a lot is a breach of that duty. An aggrieved lot owner can apply to the relevant tribunal for an order requiring the owners corporation to perform the necessary maintenance and, in some cases, to pay compensation for damage caused to the lot by the failure to maintain.
What powers does the committee have and when do they need a general meeting resolution? +
The committee (called the strata committee in NSW, the committee in VIC, and the body corporate committee in QLD) can make decisions about day-to-day management of the scheme, but certain decisions must be referred to a general meeting of all lot owners. These typically include decisions about major expenditure above a threshold, approving alterations to common property, making or amending by-laws, and decisions that the legislation or the scheme's by-laws expressly require a lot owner resolution. A committee that makes decisions outside its authority can be challenged — an affected lot owner can apply to the tribunal for an order setting aside the decision. Understanding whether a committee decision required a general meeting resolution is a key threshold legal question.
Is mediation required before I can apply to a strata tribunal? +
In most Australian states, mediation (or a mandatory conciliation step) is required before a strata or owners corporation dispute can be referred to a tribunal. In NSW, most NCAT strata applications require a mediation through NSW Fair Trading first, and NCAT can dismiss an application where the applicant has not attempted mediation in good faith. In Queensland, certain BCCM disputes require an attempt at conciliation before an adjudicator can be engaged. Mediation is often a faster and cheaper way to resolve strata disputes than tribunal proceedings, but if mediation fails or the other party refuses to engage, a lawyer can move quickly to file a tribunal application to preserve your rights.
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