Dealing with strata disputes in New South Wales (NSW) can be a challenging experience, especially for those who have never been in any such dispute before. It is essential to understand your rights and obligations as a strata owner and to follow the proper steps to resolve the issue efficiently. With this it is often important you seek legal advice, however, in this article, we’ll provide a step-by-step guide on how to deal with strata disputes in NSW.
- Attempt to resolve the issue informally: Before taking any legal action, you should try to resolve the dispute through informal means such as direct communication, email, or mediation. Before engaging in this process, you may wish to obtain some legal advice regarding your rights and obligations so that you are in a stronger position during any negotiation. Here at Eleven Legal we can provide you with the advice you need to understand your legal position in the dispute.
- Familiarize yourself with the relevant legislation: Review the Strata Schemes Management Act 2015 and the Strata Schemes Management Regulation 2016, which govern strata disputes in NSW, to understand your rights and obligations. These acts can sometimes be tricky to navigate but have specific sections to deal with specific types of disputes. The acts outline rights of both owners and the Strata Corporation. It is likely that you will need some legal advice to ascertain which is the relevant section, and here at Eleven Legal we can guide you through the legislation and direct you to what is relevant for your dispute.
- Seek legal advice: If the dispute cannot be resolved informally, you may consider seeking our further legal advice to guide you through the process and help you understand your rights and obligations, or even to act on your behalf in the dispute.
- Make a formal complaint: If all other options have been exhausted, you can make a formal complaint through NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT). NCAT is designed as a medium for parties without lawyers to resolve their differences. Solicitors are not allowed to act without leave of the tribunal. However, our team here at Eleven Legal can assist in the preparation of the application, including the preparation of evidence, or can apply for leave if the nature of the dispute warrants legal representation.
- Attend a hearing: If your dispute goes to a hearing, you will need to attend and present your case, along with any witnesses or evidence that supports your position. If the matter is serious enough, you may consider asking for leave to have a solicitor attend on your behalf.
- Follow the outcome: Once a decision has been made, you will need to follow the outcome, which may involve making changes to your strata scheme or paying a fine.
In conclusion, strata disputes in NSW can be stressful and complicated, but by following these steps, you can navigate the process more effectively and resolve the issue efficiently. For more information and assistance, consider reaching out to the experienced team here at Eleven Legal.
