Successful Strata Dispute Resolution
Professional and proactive dispute resolution ensures the harmony and successful management of strata schemes. It is our experience and knowledge that enable us to resolve disputes quickly and efficiently.
Types of strata disputes
Strata complexes are very popular with investors. Most investor sales in Sydney alone involve strata properties. Disputes are common and can take on a number of different forms. They can arise simply due to living proximity, however more serious disputes often occur due to a breach in responsibility from one or a number of strata owners. These can relate to unpaid levies or non-compliance with the scheme’s by-laws.
Disputes arise from:
- Noise, smoking, pets and parking
- Damage to individual titles and or common areas
- Building defects
- Rule changes
- Renovations carried out on individual lots
- Ineffective strata management.
In the majority of disputes, our strata managers have the experience and industry knowledge to facilitate successful resolutions. Through open communication and calm, positively focused dialogue, our professionalism enables us to direct an outcome that is satisfactory for all concerned without the issue escalating unnecessarily.
Dispute procedures that are effective
ASSM ensures we maintain a robust and effective set of dispute resolution procedures that enable the resolution of disputes through process rather than emotion. We tightly align our dispute resolution process with the existing strata by-laws applicable to the strata scheme. By maintaining a dispute resolution procedural register, owners access the procedures at any time and make either a formal or informal request to the strata manager for assistance. All disputes are handled in confidence, and it is very rare for a dispute to escalate beyond internal mediation.
Tribunal hearings
If mediation is not successful, complainants can apply to NCAT (NSW Civil and Administrative Tribunal) to bring the complaint before a tribunal hearing for a definitive decision.
In some instances, issues must have undergone formal mediation prior to the application to NCAT. The tribunal process is generally a public hearing, depending on state or federal health orders (e.g. for COVID-19). An applicant can request a hearing by phone or present their case in writing. A tribunal’s ruling is final.
Further information on strata dispute resolution processes is available at Fair Trading NSW.
ASSM’s experienced strata managers can be a very helpful resource when you require advice or clarification regarding the legislation.
Let us help you
Our strata management services are the most professional and comprehensive available in NSW. We offer our services with mobile and experienced strata managers who know the industry inside out.
ASSM’s expertise in strata management sees the majority of disputes resolved at the initial stage. It is our highly effective communication and mediation skills that ensure our portfolio of strata schemes runs smoothly and harmoniously.
Contact us today for a no-obligation discussion. You’ll notice the difference from the very first call.
We provide Australia’s most professional and comprehensive strata management services across Greater Sydney and other parts of NSW. Our expertise spans residential, community, commercial and industrial strata schemes. It’s easy to switch to All Suburbs Strata Management. See the extensive range of suburbs our certified strata managers oversee below.
Quick Links
Don’t see what you need?
Full list of Member Services here
FAQs
What is a strata dispute?
A strata dispute is any disagreement between owners, residents, tenants, committees or the owners corporation over issues like noise, by-law breaches, parking, pets, maintenance or financial decisions. Resolving these disputes promptly helps maintain harmony in the community.
Can the strata manager help resolve disputes?
Yes. Strata managers often act as impartial facilitators to help clarify issues, advise on by-laws, coordinate communication with committees, and guide parties toward resolution before formal steps are needed.
When should a matter go to a tribunal or court?
If informal discussions and mediation don’t resolve the dispute, the next step may be to apply to a legal body such as the NSW Civil and Administrative Tribunal (NCAT) or an equivalent tribunal. Tribunal decisions are legally binding and usually a last resort
What steps should I take first if I have a dispute?
Try to resolve the issue informally first — talk directly with the other party to explain the concern calmly, and give them an opportunity to address it. Open communication often solves many conflicts without escalation.
What is mediation in strata dispute resolution?
Mediation is a structured and voluntary process where a neutral third party (often through a government service like NSW Fair Trading) helps both sides discuss the dispute and find a mutually acceptable solution without going to court or tribunal.
What kinds of disputes can be resolved through strata dispute resolution processes?
Common disputes include noise complaints, parking issues, pet disagreements, shared area usage, by-law enforcement, renovation conflicts and financial disagreements. Many of these can be handled through internal resolution, mediation or tribunal processes depending on severity.