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Deal with a community title property

We advise lot owners and community corporations on by-laws, levies, common property and scheme disputes.

In a community title scheme you own your lot, but a corporation you did not appoint makes decisions that affect it. By-laws govern what you can do. Levies are set without your vote counting for much. Common property is maintained, or is not. We advise lot owners on where their rights sit within the scheme and how to enforce them.

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The by-laws read properly

You find out what the scheme actually requires, rather than what the corporation says it requires.

Levies tested before you pay

We check whether a levy was validly struck and correctly apportioned, which is much easier before years of it have been paid.

Approvals obtained before the work

Consent for alterations is sorted first, so the corporation cannot require you to undo what you have paid to build.

How a community title scheme is governed

A community title scheme divides land into lots and common property, managed by a community corporation. The rules come from state legislation and from the scheme’s own by-laws, and they differ between states. We act for clients in South Australia and New South Wales.

Buying a lot makes you a member of the corporation automatically. You are bound by its by-laws, liable for the levies it sets, and affected by the decisions it makes about common property. You did not negotiate any of that, and you cannot opt out of it.

Community schemes also differ from strata in an important way. They divide land rather than a building. That means they often involve staged development, development contracts that bind lot owners during the build-out, and secondary schemes layered under the primary one. Those layers are where rights get complicated.

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Can the corporation enforce its by-laws against me?

Yes. The corporation can enforce the by-laws against lot owners and occupants, and the enforcement options depend on the scheme and the state it is in. They can include notices, orders and applications to a tribunal or court. We advise on whether the by-law is valid and enforceable in your circumstances before you either comply or resist.

What if the corporation will not maintain the common property?

The corporation is responsible for maintaining common property, and a failure to do so affects the value and amenity of your lot. You can raise it at a general meeting, pursue mediation, or apply for an order. How you raise it matters, because a documented request is what later proves the corporation was on notice.

Can I dispute a levy?

Sometimes, and it depends on how the levy was struck. Levies fund administration and maintenance of the scheme and are set at corporation meetings. A levy set without the required resolution, or apportioned on the wrong basis, can be challenged. We advise on whether yours is open to challenge and how to go about it.

Do I need approval to alter my lot?

Usually, if the work affects common property or the external appearance of the building. The by-laws set out what needs consent. Work done without the required approval can be ordered to be reinstated at your cost. It is worth confirming before you start rather than after.

The corporation's decisions affect your property whether you were part of them or not

A levy you think is wrong, common property going unmaintained, or an alteration you want to make. Your options in all three come from the scheme documents, and they are much better before a dispute hardens.

You own the lot. A corporation decides what you can do with it

A decision of the corporation is affecting your property. A levy you think is wrong, common property nobody is maintaining, or a by-law blocking something you want to do to your own lot.

You are not sure what the scheme’s rules actually require, or what you can do about it. Acting on an assumption here means either paying something you never owed, or starting a dispute with people you share a driveway with.

We will advise on the scheme's by-laws and what they require of you as a lot owner.
We will advise on your levy obligations and whether a levy can be challenged.
We will advise on the corporation's maintenance obligations and what you can do if they are not met.
We will advise on alteration approvals and help you obtain corporation consent.

You want to deal with the corporation from a position of knowing the rules

The corporation has struck a levy, refused a request, or let something on the common property go unrepaired. You feel the position is wrong but you cannot point to the provision that says so.

The by-laws and the scheme documents do say what the answer is. Most lot owners have never read them, and the corporation is relying on that. You want to know where your rights actually sit before you go to the next meeting or write the next letter.

What's included in your community title advice service

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By-law interpretation and compliance advice.
Advice on levy obligations and challenging a levy.
Common property maintenance rights and remedies.
Alteration approvals and corporation consent.
Dispute resolution and escalation options within the scheme.

What goes wrong when owners deal with the corporation on assumption

Owners pay levies they could have challenged. A levy struck without the right resolution, or apportioned on the wrong basis, is payable only because nobody tested it. Once paid across several years, getting it back is much harder than never paying it.

Owners accept maintenance failures. Common property is the corporation’s responsibility. An owner who does not press it in the right way simply watches the amenity and the value of their own lot decline.

And owners do work without approval. Alterations that touch common property or the external appearance usually need consent. Done without it, the corporation can require reinstatement, and the cost falls on the owner who did the work.

How we get you a result within the scheme

We read the by-laws and the scheme documents against the specific issue. That usually settles whether you have a point, and it often turns up one you did not know you had.

We identify the route. A motion at a general meeting, a formal request to the corporation, mediation, or an application to the tribunal or court. Most of these resolve well short of the last option.

Then we help you run it, including the correspondence, because a lot of scheme disputes turn on what was asked, of whom, and when. If the corporation is in the wrong, a clear letter setting out the provision usually does more than a hearing would.

Three steps to resolving a community scheme issue

By-laws read, position established, issue pursued through the scheme.

Read the by-laws

We review the scheme documents and by-laws against your issue and tell you what they actually require.

Test the decision

We assess whether the levy, refusal or maintenance failure stands up under the scheme's own rules and the governing legislation.

Take it forward

We identify the right route, whether a meeting motion, a formal request, mediation or an application, and help you run it.

Advice for lot owners and corporations in South Australia and New South Wales

Scheme disputes get personal faster than their size warrants, because the other side is your neighbours and you cannot leave. That is why owners either pay up quietly or dig in, and neither gets them anywhere.

We act on community title matters for clients in South Australia and New South Wales. We read the scheme documents for what they actually require. By-law interpretation. Whether a levy was validly struck. What the corporation has to maintain and what it does not. What approval you need for work on your own lot. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to get advice on your community scheme

Most scheme disputes are decided by documents that almost nobody in the scheme has read. Reading them is usually the cheapest step and often the only one needed. Tell us what the corporation has done and we will tell you where you stand.

Speak to a lawyer 1300 654 590