What are the typical places to obtain a resolution of a strata dispute?

Posted 20 May 2024

Category: NCAT and Court Proceedings, eBooks

If you have a strata dispute in New South Wales, there are various steps and methods you can follow to attempt to resolve the dispute:

• Open Dialogue: Before taking formal actions, try to resolve the matter through open communication with the involved parties. Sometimes misunderstandings or misinterpretations can be cleared up through simple dialogue.
• Mediation: If direct communication doesn’t resolve the issue, consider mediation. A neutral third- party mediator can help facilitate a discussion between the parties to find a mutually acceptable solution. Mediation is a less confrontational and often cheaper alternative to litigation;
• Internal Dispute Resolution: The owners corporation may have its own internal dispute resolution process. Check the by-laws and other relevant documents of your strata scheme.
• NSW Fair Trading: NSW Fair Trading provides a free strata mediation service for those involved in strata disputes. They can assist with disputes related to by-laws, financial matters, management, and other common strata issues.
• NSW Civil & Administrative Tribunal (Tribunal): If your dispute remains unresolved after trying the above methods, you might consider applying to the Tribunal for orders. NCAT can make a range of orders related to strata disputes, including orders to comply with by-laws, financial orders, orders about property defects, and orders related to the appointment or duties of a strata managing agent. Please ensure that you have attempted mediation before applying to the Tribunal, as they typically require this step to be completed first.
• Engage with the owners corporation: Remember, as a lot owner, you are part of the owners corporation. Engaging with the owners corporation and attending meetings might help you voice your concerns and potentially find resolutions with the support of other lot owners.
• Keep Records: Throughout the dispute resolution process, ensure you document all communications, including meetings, calls, letters, and emails. This documentation can be crucial in case the dispute escalates or if there is a need for legal intervention.

While the above steps provide general guidance for resolving strata disputes in NSW, each situation is unique. Tailor your approach to the specific circumstances of your dispute and seek professional advice when necessary.

At Bannermans Lawyers, we can assist you when a strata dispute arises in the following ways:

• Provide strategic and legal advice to you in relation to the dispute, and the options available to you to resolve the dispute;
• Advocate/speak on your behalf with the other party, or at mediation or Tribunal proceedings; and
• Provide guidance on the dispute resolution process from start to finish.

This is an extract from our Bannermans NCAT Strata Disputes ebook.

To access more FAQ'S on NCAT Strata Disputes fill in the below form to download our Bannermans NCAT Strata Disputes ebook for free.