Strata Law

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Our office will be closed from 5.30pm on Tuesday, 24 December 2024 until 8.30am on Monday, 13 January 2025. For further information please contact our office on 02 9929 0226.

Your enquiry will be recorded but we will not be able to respond until we return on Monday, 13 January 2025.

Is this a Renovation By-Law Fee Proposal Request

Is this a Renovation By-Law Fee Proposal Request?

Full name/s of the registered proprietary owner/s of the lot requiring the by-law (separate names with a comma)(Required)

Is the Lot Requiring the By-Law Your Residential Lot

The Lot Requiring the By-Law is my Residential Lot.

Address of Lot(Required)

Street Address Address Line 2 Postcode State Postcode

Uploads

Please attach detailed scope of works regarding the works involved in the by-laws, including the quote from your contractor and any drawings provided by your architect or contractor. Please include any non-file details below in the "Enquiry" field.

Drop files here or

Max. file size: 16 MB.

Name(Required)

First Last

Email(Required)

Phone(Required)

Strata plan number of address of property(Required)

This is required to allow us to conduct a conflict check prior to assisting you with your enquiry.

Name of opponent or other party (if applicable)

Enquiry(Required)

Files

Drop files here or

Max. file size: 16 MB, Max. files: 5.

Strata Law

Bannermans Lawyers is a specialist strata law firm based in convenient North Sydney offices, and the strata team is overseen by David Bannerman, principal of Bannermans Lawyers, and Matthew Jenkins, Partner.

This specialist team appreciates the unique and complex aspects of each legal issue involved within the strata industry.

With our technical knowledge and direct client-lawyer communication, we are committed to providing a high level of service to owners corporations, strata managers and lot owners in the strata industry. The firm prides itself on providing its clients with practical solutions in a timely and cost-effective manner.

David is an Accredited Property Law Specialist with the Law Society of New South Wales and is a Director of Strata Community Australia (NSW).

Bannermans Lawyers provide comprehensive and specialist strata law advice and services in the following areas:

Boundary disputes

We understand that sometimes you can have a disagreement with your neighbour over your boundary issues and we can be the legal voice of reason to help you both come to a resolution.

Adverse possession
Cranes
Easements
Encroachments
Fences
Lack of support
Nuisance
Retaining walls
Rock anchors
Scaffolding
Trees

Building defects

Resolving and managing building defect claims, including complaints and Tribunal and Court proceedings
Dealing with Home Warranty Insurance claims
Home Building Act 1989 advice
Building contracts and tenders
Commercial arbitration
Expert determination

Game Changer for NSW, the Design & Building Practitioners Act 2020.

On 11 June 2020 a retrospective duty of care commenced under the Design & Building Practitioners Act 2020 giving all owners who became aware of building defect losses in the 10 years before 11 June 2020 a right to sue in negligence against:

Builders
Designers
Subcontractors
Suppliers or manufacturers: and supervisors
Project managers or co-ordinators in control of the works

This retrospective duty of care is currently limited to residential buildings including cladding, but there are relevant other time limits. e.g. limits under the planning laws which need to be considered. If the loss became apparent after 11 June 2020, the duty of care period reverts to the usual 6 years from awareness of the loss, but again other limitations need to be considered.

Resolving Building Defects

Bannermans Lawyers understands the frustrations and concerns when owners discover building
defects.

With our team of knowledgeable experts, we help all types of properties, from multi storey unit blocks to free standing homes.

Our goal is always to resolve your defects in a timely and cost-effective manner.

These include:

Resolving and managing building defect claims, including complaints and Tribunal and Court proceedings
Assisting with alternative disputes resolution mechanisms
Providing advice on applicable statutory warranty periods
Dealing with Home Warranty Insurance claims
Home Building Act 1989 advice
Building contracts and tenders
Commercial arbitration
Expert determination
Council orders
Drafting remedial works contracts
10-year retrospective right advice
Building bond advice
Cladding defect advice

Our Claim Process

Preliminary Advice

Bannermans providing advice and determining who is responsible for the defect and the statutory warranty period.

Settlement Discussions

Bannermans attempting to settle and resolve the defects claim prior to litigation.

Commencing Proceedings

As a last resort Bannermans to commence litigation to resolve defects.

By-laws

Bannermans Lawyers offers a wide range of by-laws for all of your strata needs, including:

Access keys
By-law advice
By-law review
Common Property Memorandum
Consolidations
Delegate authority for minor renovations
Fire safety compliance and callout fees
Floor covering and hard surface flooring
Limiting the number of occupants of lots
Moving and storing goods or furniture
Restricting or permitting animals
Renovations
Parking – visitor rules
Registrations
Restriction of use
Security devices – CCTV
Short-Term Letting
Signage – letting and sales signs
Smoking
Solar panels, batteries and charging stations
Storage units in car parking spaces
Uncollected goods (and rubbish)
Use of recreational facilities and areas
Works program

Collective sales

The process of collective sale/urban renewal can seem to be very overwhelming to the parties involved and we at Bannermans Lawyers aim to assist you during the process and walk you through the steps. Guidance through this process and a successful outcome is our goal for all parties involved. These steps include:

Attendance on conveyancing matters
Attending settlement
Collective sale advice
Court proceedings
Prepare briefs and obtain fee proposals from valuers and planners
Prepare collaborative agreement between dissenting owners regarding negotiations with developer and ongoing court matters
Prepare collaborative joint sale agreement
Prepare contract for sale for use by Real Estate Agent in marketing of property including obtaining relevant searches and prescribed documents
Providing post-settlement confirmation and advice
Review call option deeds and contracts for sale
Updating and executing contracts for sale

Development

By-laws
Community, building and strata management statements
Company title conversion
Conveyancing
Development contract documents
Development structuring
Easements and covenants
Leasing and licensing
Torrens, part strata and stratum subdivision
Management statements
Strata development contracts

Levy recovery

At Bannermans Lawyers we understand that recovering overdue and unpaid levies from lot owners can be a frustrating and time-consuming process. With this in mind we have created a schedule of steps and online portal to ensure an effective and cost-efficient approach. We have broken our recovery workflow into four stages and work closely with the manager to ensure clear communication and constant updates on the matter. We endeavor to recover unpaid costs in a cost effective and timely manner.

STEP 1: Statutory notice (issue letters of reminder and issue 21-day statutory notice of recovery action)
STEP 2: Filing and serving statement of claim (lodge, file and serve statement of claim)
STEP 3: After filing and serving statement of claim (default judgment and defended proceedings)
STEP 4: After judgment obtained (discuss suitable options such as garnishees or writs and bankruptcy proceedings)

Whether the matter is contested or uncontested, we will take this frustrating process off your hands to get the results you want!

Litigation

When someone decides to take legal action and start litigation, we understand the road ahead can be daunting. Bannermans will walk you through step by step and aim to come to a resolution as quickly as possible in the most efficient and cost-efficient manner. Some of our litigation options include:

Advice
Attend hearings
Defence of substantive orders
Draft and lodge submissions
Draft submissions and evidence
Interim orders
Letter of demand
Mediation
NCAT appeal
NCAT proceedings
Notice to comply
Penalty proceedings
Review and advice defence of interim orders
Settlements
Substantive orders

Strata advice

Bannermans Lawyers understands that strata can sometimes be a confusing concept to get across and occasionally advice is required being an owner or strata manager in this industry. We provide advice on an array of subjects, including:

By-law drafting and enforcement
Building compliance and certification
Building/strata management statement amendments
Building/strata management statement enforcement
Community management statement amendments
Community management statement enforcement
Defamation
Dividing fences act claims
Insurance claims and requirements
Government authority compliance requirements
Grants of rights of use or development of lots or common property, such as, easements, leasing, licensing, and by-laws
Meeting procedures
Management compliance advice
Work Health & Safety
Service Agreements
Title structuring
Tree disputes

Strata and community dispute resolution

Adjudicator’s orders
District Court and Supreme Court proceedings
Mediation
NCAT hearings
Notices to comply

Strata and community title

By-law drafting and enforcement
Building compliance and certification
Building/strata management statement amendments
Building/strata management statement enforcement
Community management statement amendments
Community management statement enforcement
Defamation
Dividing fences act claims
Insurance claims and requirements
Government authority compliance requirements
Grants of rights of use or development of lots or common property, such as, easements, leasing, licensing, and by-laws
Meeting procedures
Management compliance advice
Work Health & Safety
Service Agreements
Title structuring
Tree disputes

Strata and community title agreements

Building management agreements
By-laws
Community, building and strata management statements
Company title conversion
Conveyancing
Development contract documents
Development structuring
Easements and covenants
Expert Determinations
Leasing and licensing
Strata agency agreements
Tender documents
Termination of management agreements
Torrens, part strata and stratum subdivision

Newsletter

Owners Corporation fined $225,000 for a WH&S incident

A recent WH&S case determined that a group title structure can be considered a PCBU, requiring a WH&S policy. Take the quiz to determine if your group title structure needs a WH&S Policy.

Other services

Gain valuable insights via our free online webinar series

Our webinar series is hosted by Principal, David Bannerman, where he provides the latest insights into current regulations, trends, hot topics, and industry transformation surrounding strata, property, construction, development, and insurance industries.

It’s simple to register – just enter your details below to attend the next Webinar.

Complete the form below and click on subscribe check box:

Game Changer for NSW, the Design & Building Practitioners Act 2020.