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Deal with a strata title property

We advise strata lot owners on levies, by-laws, common property repairs and disputes with the corporation.

Strata ownership gives you a lot inside a building and a share of everything around it. The building is maintained by a corporation funded by levies you have to pay, whether or not the work gets done. When the roof leaks or the levy jumps, the question is what the corporation actually owes you. We advise lot owners on that.

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The boundary settled first

We establish from the strata plan whether the defect is common property, because that decides who pays for it.

The corporation properly on notice

A written notice triggers the obligation and preserves your claim if the damage to your lot continues.

Special levies checked, not just paid

We test whether a levy was validly raised and correctly apportioned before you contribute to it.

What the strata corporation is responsible for

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

Every lot owner is a member of the strata corporation. The corporation maintains the common property, sets and collects levies, insures the building and enforces the by-laws. Broadly, the structure, the exterior and the shared services are common property, and the interior of your lot is yours. The boundary between the two is where most strata disputes live.

Two funds matter. The administrative fund covers day-to-day running costs. The sinking fund, where the scheme has one, is meant to cover major long-term work such as roofing and repainting. A scheme that has not been funding it properly is a scheme where a large special levy is coming. That is worth knowing before you buy in.

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Water is coming into my lot from common property. Who pays?

If the defect is in common property, the corporation is generally responsible for repairing it, and may be liable for resulting damage to your lot. The critical step is putting the corporation on notice in writing and keeping doing so. Owners who repair it themselves without notifying first often cannot recover the cost.

What is a sinking fund and why does it matter to me?

It is the fund for major long-term work such as roofing, repainting and structural repairs. A scheme that has underfunded it will eventually raise a large special levy instead. Before you buy into a strata scheme it is worth looking at the fund balance and the maintenance plan, because a shortfall becomes your cost.

Can I challenge a special levy?

Sometimes. It depends on whether the levy was raised by the required resolution at a properly convened meeting. It also depends on whether it has been apportioned according to the unit entitlements. A levy that is unwelcome is not the same as one that is invalid, and we will tell you plainly which yours is.

Do I need approval to renovate my lot?

If the work affects common property, the structure, or the external appearance, you will generally need the corporation’s consent. Bathroom and kitchen work often touches waterproofing and services that are common property, even though the room is inside your lot. We advise on what needs approval before the work starts.

The corporation's decisions about levies and repairs affect every owner

A levy you think is wrong, common property that is not being maintained, or a question about what your by-laws permit. Knowing your position in the scheme is what determines your options.

The building is shared, the levies are compulsory, and the repairs are someone else's decision

Something in the building affects your lot and it is not being dealt with. Water coming through from common property, a levy that has jumped, or a special levy for work you were never consulted about.

You pay for the building either way. What you do not know is what the corporation is actually obliged to do. Or what it can charge you for, and what happens if it simply does not act.

We will establish whether the defect is common property or part of your lot.
We will advise on the by-laws and what they require of you as a lot owner.
We will advise on your levy obligations and whether a levy or special levy can be challenged.
We will put the corporation on notice and pursue the repair through the right channel.

You want the building looked after without funding someone else's inertia

There is water damage from above, or the common areas are visibly neglected. Or a special levy has landed for work that should have been funded years ago. Meanwhile the levies keep arriving.

You do not want a fight with the committee, you want the building maintained and your lot protected. But you also do not want to pay a large special levy that exists because nobody funded the sinking fund. You want to know what the corporation owes you before the next meeting.

What's included in your strata title advice service

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Advice on the common property boundary and who is responsible for a defect.
By-law interpretation and compliance advice.
Levy and special levy obligations and challenges.
Common property maintenance rights and remedies.
Alteration approvals and dispute resolution within the scheme.

What goes wrong for strata owners who wait

Water damage is the classic. A defect in common property damages a lot, the corporation is slow, and the owner repairs their own ceiling to stop the problem. Having fixed it themselves without putting the corporation on notice, they then struggle to recover anything.

Special levies are the expensive one. A scheme that has underfunded its sinking fund for a decade hits owners with a large levy for work that was always coming. Owners who did not look at the fund before buying carry a cost they never priced in.

By-law breaches are the slow one. An owner alters their lot, or lets a tenant do something the by-laws prohibit, and the corporation eventually enforces. Reinstatement is at the owner’s cost, years after the work was done.

How we get the corporation to act

We start with the boundary. Is the defect in common property or in your lot? That single question decides who pays, and it is answered by the strata plan rather than by what the committee says.

If it is common property, we put the corporation on notice properly and in writing. That prompts action and preserves your position if the damage continues.

Where a levy is in issue, we check whether it was validly raised and correctly apportioned. And where the corporation will not act, we advise on the application that makes it. We also tell you what the outcome is realistically worth against the cost of getting there.

Three steps to getting a strata issue dealt with

Boundary established, corporation notified, repair or levy resolved.

Establish the boundary

We work out from the strata plan whether the defect sits in common property or in your lot, which decides who pays.

Put them on notice

We notify the corporation in writing so the obligation is triggered and your position is preserved if damage continues.

Enforce or challenge

We pursue the repair or challenge the levy, through the corporation, mediation or an application if necessary.

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

Strata disputes are usually about money and repairs. They run on for years, because the committee is made up of volunteers and the owner raising the issue is outnumbered. Being right is not the same as getting the repair done.

We act on strata matters for clients in South Australia and New South Wales. We advise on where the common property boundary actually falls, which is what decides who pays for a defect. We advise on whether a levy or special levy was validly raised. And we advise on the steps that put the corporation on notice, which is what matters if the damage to your lot continues. 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 strata issue

Strata problems get more expensive the longer they run, particularly where water is involved and nobody has been put on notice. Tell us what is happening in the building and we will tell you whose responsibility it is and how to get it dealt with.

Speak to a lawyer 1300 654 590