Real Estate & Property Lawyers › Strata & Body Corporate
Strata & Body Corporate Lawyers — Levy Disputes. Defects. By-Law Enforcement.
Strata living creates a unique legal environment — lot owners share common property, pay levies, and are bound by by-laws enforced by the owners corporation or body corporate. Disputes over levy arrears, defective common property, by-law breaches, and strata manager misconduct are common and frequently require legal intervention. A strata lawyer advises lot owners and owners corporations on their rights and manages tribunal proceedings.
⚠ Building defect claims in NSW under the Home Building Act 1989 must be commenced within 6 years (major defects) or 2 years (minor defects) of completion. Don't let the limitation period expire. Get strata advice now.
Strata Matters We Handle
From levy recovery to defect claims — all strata and body corporate matters.
Levy Recovery
Unpaid levies are a significant issue for many owners corporations — a lot owner who fails to pay levies deprives the strata scheme of funds needed to maintain common property. An owners corporation can recover unpaid levies through NCAT (NSW), VCAT (Victoria), or QCAT (Queensland) — and can register a charge on the lot owner's title for unpaid levies in some states. A strata lawyer manages the levy recovery process from letter of demand through to tribunal application and enforcement.
Building Defect Claims
Defects in common property — structural defects, waterproofing failures, fire safety defects — are among the most significant issues facing strata schemes, particularly in newly built apartment buildings. An owners corporation can bring defect claims against the builder or developer under the Home Building Act (NSW) or equivalent legislation in other states. A strata lawyer advises on the defect claim process, engages building experts, and manages NCAT or court proceedings.
By-Law Enforcement
Strata scheme by-laws regulate the behaviour of lot owners, occupiers, and visitors — covering noise, pets, parking, renovations, and use of common property. A lot owner or occupier who breaches a by-law can be ordered to comply by NCAT (in NSW) or the equivalent tribunal in other states. A strata lawyer advises on whether a by-law breach has occurred, the evidence required, and the tribunal process for obtaining a compliance order.
Strata Scheme Management Disputes
Disputes between lot owners and the owners corporation (or strata committee) about the management of the strata scheme — including decisions made at general meetings, the conduct of the strata manager, and the maintenance of common property — can be referred to the relevant tribunal. A strata lawyer advises lot owners on their rights to challenge strata management decisions and manages the tribunal application.
Renovation Disputes
Lot owners who want to carry out renovations — including structural alterations, changes to common property, or works that affect other lots — require owners corporation approval in most cases. A strata lawyer advises on whether owners corporation approval is required, what approvals process applies (special resolution, unanimous resolution, or simple majority), and manages disputes where the owners corporation unreasonably refuses approval.
Strata Title Disputes on Purchase
Purchasers of strata lots should obtain and review the strata records before exchange — including the owners corporation's financial statements, minutes of meetings, building defect reports, and outstanding levy arrears. A lawyer reviews the strata records, identifies any significant issues (large special levies proposed, unresolved building defects, or outstanding legal proceedings), and advises on whether to proceed with the purchase.
The Legal Framework
Strata law — Strata Schemes Management Act 2015 (NSW) and equivalents.
NSW — Strata Schemes Management Act 2015 and NCAT
In NSW, strata scheme management is governed by the Strata Schemes Management Act 2015. The owners corporation is responsible for managing the common property and enforcing the by-laws. Disputes about strata scheme management — including levy recovery, by-law enforcement, and building defect claims — are heard by NCAT (Consumer and Commercial Division). Major building defect claims can also be brought in the Supreme Court. A strata lawyer advises on the relevant Act and the NCAT process for NSW strata disputes.
Building defects — Home Building Act 1989 (NSW)
In NSW, building defect claims against builders and developers are governed by the Home Building Act 1989. Major defects (structural defects and defects that make the building uninhabitable or unfit for occupation) have a 6-year statutory warranty period from completion. Other defects have a 2-year statutory warranty period. An owners corporation can bring a defect claim against the builder or developer within the warranty period — engaging building experts to identify and quantify the defects, and managing NCAT or Supreme Court proceedings. A strata lawyer advises on the defect claim process and manages the legal proceedings.
By-law disputes — s232 Strata Schemes Management Act 2015 (NSW)
Under s232 of the Strata Schemes Management Act 2015 (NSW), NCAT can make orders for the settlement of a dispute or complaint about the exercise of functions or obligations of an owners corporation, strata committee, strata manager, building manager, lot owner, or occupier. This includes orders requiring compliance with a by-law, orders imposing a penalty on a lot owner who has breached a by-law (up to $1,100 per breach), and orders requiring the owners corporation to take specific action to maintain or repair common property. A strata lawyer advises on the merits of a by-law dispute and manages the NCAT application.
Common property vs lot property — the boundary
One of the most common sources of strata disputes is disagreement about whether a particular part of the building is common property (the owners corporation's responsibility to repair and maintain) or lot property (the lot owner's responsibility). Under the Strata Schemes Management Act 2015 (NSW), common property is generally everything outside the lots shown on the strata plan — including the external walls, roof, car park, gardens, and structural elements. The strata plan itself determines the boundary — a strata lawyer reviews the strata plan to advise on the common property/lot property boundary in specific cases.
Strata manager duties and misconduct
Strata managers are appointed by the owners corporation to manage the day-to-day administration of the strata scheme — including collecting levies, maintaining records, arranging insurance, and enforcing by-laws. A strata manager who acts outside their delegated authority, fails to maintain proper financial records, or engages in misconduct can be removed by the owners corporation or reported to NSW Fair Trading (which regulates strata managers in NSW). A strata lawyer advises on the owners corporation's rights regarding a strata manager's conduct and manages the process for removing a strata manager.
Queensland — Body Corporate and Community Management Act 1997
In Queensland, strata (community titles) schemes are governed by the Body Corporate and Community Management Act 1997. The body corporate is the equivalent of the owners corporation — it is responsible for managing common property and enforcing the community management statement (CMS), which includes by-laws. Disputes about body corporate management are resolved through the Commissioner for Body Corporate and Community Management — a dispute resolution body with powers to make orders binding on the body corporate and lot owners. A strata lawyer advises on Queensland body corporate law and manages disputes before the Commissioner.
How It Works
One request. Free strata law advice.
Tell us whether you are a lot owner or owners corporation, the state, the type of dispute (levies, defects, by-laws, management), and any tribunal proceedings already commenced.
Submit Your RequestDescribe the strata dispute
Lot owner or owners corporation/body corporate, state, strata scheme name and plan number, type of dispute, and any NCAT/VCAT/QCAT applications filed or pending.
Matched to a strata lawyer
Matched to a strata lawyer with experience in strata law in your state — who knows the relevant Act, the tribunal process, and the evidence required for your type of dispute.
Free consultation
A strata lawyer contacts you for a free consultation — advising on your rights, the strength of your position, and the process for resolving the dispute at NCAT or through negotiation.