Practice Area

Strata Law

Strata scheme disputes, by-law enforcement, NCAT proceedings, and strata management advice under the Strata Schemes Management Act 2015.

Strata living is increasingly common in Sydney and across NSW, and strata disputes are a growing area of legal practice. Whether you are an owner, tenant, strata manager, or owners corporation, disputes about by-laws, levies, building defects, and governance can be complex and contentious.

Dilan Lawyers provides specialist advice on all aspects of strata law, from by-law drafting and enforcement to NCAT proceedings and Supreme Court litigation. We act for lot owners, owners corporations, strata managers, and developers in strata disputes across NSW.

The Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 govern strata law in NSW. These Acts were significantly amended in 2016 and 2023, and it is important to obtain specialist legal advice to ensure you understand your rights and obligations.

Many strata disputes can be resolved without going to NCAT or court, through mediation, negotiation, or a well-drafted letter of demand. Early legal advice can often prevent disputes from escalating and save significant time and money.
How We Can Help

Our Services

By-law Advice & Drafting

Advising on the interpretation and enforcement of by-laws, and drafting new or amended by-laws.

NCAT Proceedings

Representing lot owners and owners corporations in strata disputes before the NSW Civil and Administrative Tribunal.

Levy Recovery

Recovering unpaid strata levies on behalf of owners corporations.

Building Defect Claims

Pursuing claims for building defects against developers and builders under the Home Building Act 1989.

Strata Governance

Advising owners corporations and strata committees on their governance obligations.

Strata Renewal

Advising on the collective sale and redevelopment of strata schemes under Part 10 of the Strata Schemes Development Act 2015.

Mediation

Representing parties in strata mediation proceedings before NSW Fair Trading.

Owners Corporation Disputes

Resolving disputes between lot owners and owners corporations about common property, levies, and governance.

Common Questions

Frequently Asked Questions

What is a strata scheme?

A strata scheme is a building or collection of buildings divided into individual lots (apartments, townhouses, or commercial units) and common property. Each lot owner is a member of the owners corporation, which is responsible for managing and maintaining the common property.

What are by-laws?

By-laws are rules that govern the use and enjoyment of lots and common property in a strata scheme. They cover matters such as noise, pets, parking, renovations, and the use of common areas. By-laws are binding on all lot owners and occupants.

My neighbour is breaching a by-law. What can I do?

If a lot owner or occupant is breaching a by-law, the owners corporation can issue a notice to comply. If the breach continues, the owners corporation can apply to NCAT for an order requiring compliance. We can assist with the notice to comply process and NCAT proceedings.

The owners corporation is not maintaining the common property. What can I do?

The owners corporation has a duty to properly maintain and repair common property. If it fails to do so, a lot owner can apply to NCAT for an order requiring the owners corporation to carry out the necessary maintenance or repairs. We can advise you on your options.

What is strata renewal?

Strata renewal is the process by which a strata scheme can be collectively sold or redeveloped. Under Part 10 of the Strata Schemes Development Act 2015, a strata renewal plan can be approved by a resolution of 75% of lot owners, with dissenting owners able to apply to the Land and Environment Court for a review.

I have a dispute with my strata manager. What can I do?

Disputes with strata managers can be resolved through negotiation, mediation, or NCAT proceedings. We can advise you on your rights and the options available to you, including terminating the strata management agreement.

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Book a free, no-obligation consultation to discuss your matter with Dilan.

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