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What are the typical strata disputes and why?

Posted 20 May 2024

Category: NCAT and Court Proceedings, eBooks

Strata disputes can arise for various reasons, often due to differing interpretations of by-laws, personal conflicts, or concerns about the management of the property. Here are some common examples of strata disputes and potential reasons they may arise:

1. Renovations

  • Examples: Unauthorised renovations, not being able to complete the renovation, the owners corporation refusing to provide its consent to proposed renovations.
  • Reasons: Concerns regarding potential damage to common property, unclear division of responsibility for repair and maintenance of the work, or differing opinions about what is reasonable.

2. By-law Breaches:

  • Examples: Noise complaints, parking issues, or keeping pets when they are prohibited.
  • Reasons: Varying interpretations of by-laws, lack of awareness about by-laws, or differing opinions about what is reasonable.

3. Financial Disagreements:

  • Examples: Disputes over levy amounts, special levies for unexpected maintenance, or how the Owners Corporation funds are being used.
  • Reasons: Financial stress, perceived mismanagement of funds, lack of transparency in financial reporting.

4. Maintenance and Repairs:

  • Examples: Disagreements over responsibility for repairs, standards of maintenance for common areas, or disputes over defective work.
  • Reasons: Unclear definitions of what constitutes “common property” versus individual property, differing opinions on the necessity or quality of repairs.

5. Management Concerns:

  • Examples: Issues with the performance of a strata managing agent, disputes over decision-making processes, or concerns about transparency and communication.
  • Reasons: Perception of mismanagement, lack of trust in the elected committee, poor communication between Owners Corporation and lot owners.

6. Behavioural Issues:

  • Examples: Anti-social behaviour, harassment, or disputes between neighbours.
  • Reasons: Personal conflicts, lifestyle differences, mental health issues, or cultural misunderstandings.

7. Access and Use of Common Property:

  • Examples: Disputes over the use of shared amenities like pools, gyms, or gardens; issues regarding access rights or restrictions.
  • Reasons: Differing opinions on shared spaces’ utility, concerns about overuse or misuse, or lack of clarity in by-laws about access rights.

8. Pets and Animals:

  • Examples: Disagreements over the keeping of pets, especially in buildings where they’re prohibited or restricted.
  • Reasons: Varying interpretations of by-laws, concerns about noise or damage, or health and safety concerns.

9. Appearance and Aesthetics:

  • Examples: Disputes over changes to the exterior of a lot (e.g., installing shutters, changing door colours), renovations or gardening decisions for individual lots.
  • Reasons: Desire to maintain a uniform appearance, concerns about property value, differing aesthetic preferences.

10. Health and Safety:

  • Examples: Issues related to smoking, concerns about hazards in common areas, or complaints about cleanliness.
  • Reasons: Health concerns, differences in lifestyle or habits, or concerns about potential liability. Strata disputes often arise due to a combination of factors, including unclear or ambiguous by- laws, lack of effective communication, and personal differences between lot owners.

Understanding, respecting, and actively participating in the strata community can help reduce the chances of conflicts.

Further, obtaining advice about your rights and obligations with respect to strata living can assist with minimising the likelihood of conflict.

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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.

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Bannermans Lawyers

Published 20 May 2024
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