The ownership of apartments and units has increased significantly in Australia. Today, millions of people live, invest and work in strata title properties throughout the country’s major cities. The strata model is now one of the most widespread forms of property ownership; from high-rise towers in Sydney and Melbourne to townhouse complexes in Perth, Brisbane and Adelaide.
Complexity has grown in tandem with the growth. Strata living means that there are a number of shared responsibilities, joint decisions and legal obligations that just don’t exist in a traditional freehold home. You share ownership of the building, the common area, the gardens, the driveways, the lifts, the pools and the structures are all owned and managed by an owners corporation consisting of all the lot owners in the scheme. The use, financing and maintenance of those common assets is regulated by legislation, by-laws and resolutions that are passed at general meetings.
If it is a successful living arrangement, strata can be low-maintenance, with shared expenses and facilities. When something goes wrong, the clashes that occur can be extremely emotional, monetary, and extremely hard to settle without the expertise of a professional. Levy disagreements, parking issues, noise complaints, building defects, insurance disputes, land by-law violations, renovation approval applications and governance issues are just some of the things that fall on the legal practitioner’s desk that specialise in this area, each week.
The guide has been produced for Australian lot owners, committee members, property investors and strata managers who wish to gain a better understanding of when legal advice is actually required, what they should expect from a specialist provider and the dispute resolution process, and how they can safeguard their interests in the strata context.
Who needs Strata Lawyers?
Conflict in a strata scheme is not necessarily a matter that needs to be legally resolved. Many problems can be addressed on a direct, mediation or strata committee basis. But in some cases, the circumstances are so complicated, the stakes so high, or the legal issues so intricate that it makes sense to seek the counsel of a professional.
When buying or selling a Strata Property.
The most common time that people hire a strata legal expert is at the time of buying and selling a lot in a strata scheme. When purchasing into a scheme it is important that you look through the strata records in detail. Records consist of the financial statements, the capital works fund plan, the minutes of the last few general meetings, the registered by-laws, the current and any pending litigation, insurance certificates and common property conditions.
They can be reviewed by a qualified professional who can spot any red flags that the buyer may not have noticed. If the capital works plan is underfunded, for instance, you may be hit with a large special levy soon after you buy your property. If there have been any controversial meetings it may be a sign of governance issues. If there is an outstanding lawsuit against the owners corporation, then this could impact on the building’s insurance and financial stability.
For sellers, having strata records in order and correctly completing all the necessary disclosures reduces the risk of complications during the sale and claims post settlement.
Building Defects & Common Property Disputes
A major and expensive strata problem in Australia is building defects. Defects may include minor cosmetic issues, structural defects, water infiltration, fire safety concerns, cladding concerns or other issues. The owners corporation is obliged to maintain and repair common property, and if there are defects it may also be able to sue the original builder or developer within the set time limits.
To successfully pursue a defect claim, a good understanding of the legislation, contractual arrangements, applicable warranty periods and evidence required for the claim is necessary. The limitation periods of 6 years for general defects and 10 years for major defects are imposed under the Design and Building Practitioners Act 2020 in New South Wales, which imposes a statutory duty of care for building works. These claims are complicated and generally need legal and building-enhancement counsel.
Disputes between individual lot owners and owners corporation regarding the owners corporation’s duties to maintain or repair common property are also common. In serious cases, if the owners corporation is not fulfilling its obligations, a lot owner may have to take the matter to mediation, the appropriate tribunal or even the courts.
By-Law Disputes and Enforcement
By-laws are the rules that apply to the conduct in a strata scheme. These range from noise level, pets, parking, renovations, and common areas, and more. There are a set of model by-laws, which are applicable to each state and territory unless the owners corporation have their own.
Conflict can occur where an owner or occupier has violated a by-law, where owners corporation is not enforcing the by-laws consistently, or where a by-law is perceived as harsh, unconscionable or discriminatory. The validity of a by-law may in some circumstances be called into question.
A legal expert can either advise on whether a by-law is enforceable, lead the owner’s corporation through the correct enforcement procedure or represent a lot owner who feels a by-law has been used unfairly.
Levy Disputes and Financial Management
All lot owners in a strata scheme pay levies to pay for the administration and maintenance of the common property. Levies can be split into an administrative fund for operating costs, and capital works fund for major repairs and longer term maintenance.
There are several ways that disputes about levies can occur. A lot owner may object to the levy, especially if they feel that the levy is not based on their entitlement of their unit. If the owner believes that a special levy was issued for unanticipated repairs, he or she can appeal that. Or it may be an owner who is struggling financially who wants to make a payment arrangement, which is something the owners corporation has to take into account in recent legislation.
Conversely, the owners corporation may have to take steps to recover a delinquent owner’s levies. Levies can be recovered in outstanding cases using a tribunal order and/or a charge on the lot owner property, in more serious cases.
Renovations and Alterations Approval
Any work that involves alteration of the common property or the appearance of the building from the outside, will generally require approval from the owners corporation. Approval procedures differ from state to state and are based on whether the work is determined to be cosmetic, minor or major.
Renovations – disagreements over approvals is a common reason for strata conflict. An owner might think that his/her proposed work is reasonable, and the committee or other owners might have an opposing opinion. The reverse is also true – where an owner has made unauthorised alterations, the owners corporation may need to take action against the owner.
A legal expert will know what approval process to use, be able to draft or check the right paperwork and represent you if it goes to mediation or Tribunal proceedings.
Disputes regarding governance and the committees.Conflicts over governance and committees.
Between the general meetings, the strata committee is elected by the lot owners to run the business of the scheme. Theoretically the committee works for the common good of all the owners. In reality, there are all too many cases of committee dysfunction, conflicts of interest, and governance failures.
Committee members working beyond their powers, lack of required committee meetings, misuse of owners corporation funds, disagreements between the committee and strata manager, changes to voting procedures and proxy voting.
There are recent changes in NSW that will be passed through 2025 and 2026 that require members of strata committees to undertake training to ensure that governance standards are improved. But in situations of poor governance, legal counsel may be required to assert the rights of individual owners or to force the owners corporation to act in accordance with the law.
How to Choose the Right Strata Legal Specialist
Strata law is a separate branch of law, which falls under property law, building law, contract law and administrative law. Selecting the appropriate specialist is a key factor to the successful outcome.
Let’s face it, they can’t make up for that!
The most crucial question is whether the provider actually has expertise and experience in strata law. Strata law is different in each state and territory. The Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 govern New South Wales. Victoria’s Owners Corporation Act is 2006. The Body Corporate and Community Management Act 1997 applies in Queensland. The State of Western Australia has passed the Strata Titles Act 1985. Rules, Tribunals, and Procedures vary from jurisdiction to jurisdiction.
A generalist property practitioner might be able to understand general strata things, but not have the same experience or depth of knowledge in relation to those in dispute. Discuss the amount of strata practice that the provider does. Inquire how many strata matters they conduct on an average basis in a month. Inquire if they make frequent trips to the appropriate tribunal in your state – NCAT in NSW, VCAT in Victoria, QCAT in Queensland or SAT in WA.
Share your experiences regarding your particular problem.
Strata law deals with many aspects and experience with your specific type of issue is beneficial. A legal expert dealing with by-law disputes weekly will deal with your issue in a more efficient and knowledgeable manner than someone less experienced can. Likewise, a building defect claims expert will be able to offer his or her technical expertise around building standards, expert reports and limitation periods, which a general strata practitioner may not have.
As you share your situation with your provider, inquire how many similar cases they’ve worked with, what results they’ve seen, and if there are any specific situations they expect to see that might hinder your situation.
Knowledge of Tribunal and Mediation processes
The vast majority of strata disputes are settled outside the courts, either by mediation or by going to a tribunal. Mediation services are available in most states, either free or at a low fee, via a government entity like NSW Fair Trading, and in many states, a party is required to try to mediate a matter before it can progress to mediation.
Your lawyer who specializes in this area should know the mediation process well, as well as the procedures for the tribunals in your state. They should be able to tell you what to expect, how to prepare yourself and what is possible. Having already dealt with the particular tribunal that will hear your case is a great asset.
Communication and Responsiveness
Strata disputes can be time sensitive. Defect claims are subject to limitation periods. There are deadlines for responding to applications to the tribunals. There are time limits on how long levy recovery processes can take. It is crucial that your provider is responsive and follows through on key deadlines or they can seriously derail your position.
In your first meeting, check out how the provider communicates. Are they using layman’s terms to explain the law? Are these expectations of results and timelines realistic? Are they able to be reached by email and phone in a timely fashion? Effective and effective communication is a must and not a luxury.
Fee Transparency
A big concern for individual lot owners, especially those who are paying for their own legal representation, is legal costs. Know the fees before you agree to it. Some providers do have a flat fee for specific work, such as reviewing strata records prior to a purchase, or to draft a by-law amendment. Others charge hourly rates for more complicated or less predictable issues.
Request an upfront estimate of the total cost. Inquire about any included services and any possible extra fees. Inquire about the billing cycle and payment options. An honest provider establishes a trust relationship and assists you in deciding whether to take further action.
When it comes to strata lawyers who can help you with your unique case, it’s important to do the research and compare your options, as this will help you to see the difference.
Each application will be assessed on a case-by-case basis.The Dispute Resolution Process will be considered on a case-by-case basis.
Disputes in Australia progress in a formal manner that is usually composed of steps ranging from informal negotiations to formal determination. Knowing this pathway will help you to have realistic expectations and make decisions on the way forward.
Direct Communication
Communication with the other party is the first step when it comes to any dispute. This could involve having a conversation with your neighbour about noise, having a noise concern raised at a committee meeting, or writing to the strata manager for a maintenance request. A lot of things are addressed here without formalities.
Mediation
Often the next step after direct communication will be mediation. Numerous states provide mediation services, free or at low cost, through a government mediator. NSW has a strata mediation service provided by Fair Trading for free. Other states have services available from the consumer affairs or dispute resolution office.
Mediation is a formal process that uses an independent mediator to assist the parties in arriving at an agreement that is acceptable to both. It’s voluntary, confidential and non-binding unless there’s mutual consent as to the result. Many strata disputes are mediated, rather than taken to the tribunal.
Tribunal Proceedings
The matter may then be taken to the appropriate tribunal if mediation fails, or if mediation is not appropriate, for the nature of the dispute. This is the NSW Civil and Administrative Tribunal in NSW. It is VCAT in Victoria. In Queensland, QCAT. The State Administrative Tribunal in WA.
Tribunals are not court proceedings but are informal proceedings to settle disputes at a lower cost and in a shorter time. Compliance with tribunals however, must be carefully prepared, with evidence being collected, submissions prepared and, in some instances, expert reports prepared. The tribunal is empowered to impose binding orders, such as orders to comply, compensation and orders for penalties for breaches of by-laws.
Court Proceedings
In more serious cases, especially where there are serious financial claims, complex legal issues or defect litigation, the case can be heard in a court instead of a Tribunal. Where the jurisdiction of the tribunal is limited, or where the amount of money involved makes the formalities and cost of court proceedings worth it, then, court proceedings may be required.
There are some key Strata Law Reforms that every Australian Owner should know about.Here are some Strata Law Reforms that every Australian Owner should be aware of.
There are major changes in the Australian legislation governing strata. Knowing about these variations can enable you to understand what you’re entitled to and what you are responsible for, and can prevent you from making expensive mistakes.
A series of reforms have been gradually implemented since October 2025 in NSW. They include that mandatory financial hardship statements are given on levy notices, new enforcement powers for Fair Trading to force owners corporations to keep common property and the compulsory standardisation of forms to make payment plans on overdue levies, and from April 2026, compulsory standardisation of forms to update owners corporations 10 year capital works fund plans. In addition to this, in 2026, strata committee members will be required to undertake training, while information on the exclusive supply network will be required to be disclosed in off-the-plan contracts.
Western Australia has recently revised the Strata Titles Act 1985 to enhance and clarify governance for strata schemes and to give rise to new community title rules. The Owners Corporation Act is still being reviewed, with issues such as governance, dispute resolution and developer obligations still to be tackled in Victoria.
These changes impose new compliance requirements and of course, new causes of potential dispute. By keeping up to date and consulting a professional when necessary, owners, committee members and managers are much better equipped to deal with the evolving environment.
There are some common mistakes that lot owners tend to make in strata disputes.Lot owners do make some common mistakes in Strata Disputes.
Knowing the most commonly made mistakes gives you the advantage of knowing what to avoid doing, and increasing the odds that you will be on the winning side if there is a dispute.
Not submitting complaints in writing. Complaints that are verbal can be easily forgotten or denied. Note with a follow up e-mail or letter what was discussed and what actions were agreed upon in the verbal discussion. Keeping written records is crucial should the matter go further.
Missing limitation periods. There are strict timelines for building defect claims, in particular. Seek advice as soon as it is known there is a defect. Delaying too long will result in forfeiting your right to claim altogether.
Ignoring strata meetings and communications. The vote at general meetings impacts on your property and finances. If you don’t take part, they will be decided without you, and if you challenge them afterwards, it will cost a lot more and be harder to do than it was to do when you were there.
Taking control of things. Doing any of the above without receiving authorization may have adverse consequences and can be done as a protest by withholding the levy payment or by taking direct action against a neighbour instead of going through the dispute resolution process. Such actions can put you at risk of penalties, weaken your legal case and can intensify the conflict.
It is assumed by the strata manager that they will take care of it. Strata managers have a limited and important role in administration, but are not legal counselors. In situations of any dispute, defect claims, challenges to a by-law, and governance, independent legal advice is paramount in a complex dispute.
As a Strata Lot Owner, how can you protect your interests?
There are several positive measures you can take to ensure your place and lessen the possibility of dispute.
Be familiar with your by-laws. Knowing the rules that govern your scheme is the foundation for avoiding and resolving disputes. Take the time to find out what a by-law means and how it is applied if you are unclear about its meaning or its application.
Become a member and participate in meetings and vote on motions that could impact your property and finances. If you are unable to attend, designate a proxy to vote on your behalf, giving him or her proper directions on how to vote.
Check owners corporation financial statements and capital works fund plan annually. To be aware of the use of your levies and if these are sufficient in funding the scheme for future maintenance and repair. An under-funded capital works plan is a red flag and should not be overlooked.
Keep your own records. Maintain a copy of all the correspondence with the owners corporation, strata manager and other lot owners. Maintain minutes of meetings, levy notices and insurance certificates. If there is any disagreement these records are extremely helpful.
Start using expert guidance at the start of the process. An initial consultation is much cheaper than litigation. Don’t wait to seek advice if you have a strata problem you can’t resolve informally as you may have more options and a better position.
Frequently Asked Questions
So what is a strata lawyer?
A strata legal specialist will advise and act for lot owners, owners corporations, strata committees and strata managers on issues concerning strata legislation. This involves, but is not limited to, conducting inspections of strata records prior to a strata sale, compliance and enforcement advice, effectively managing building defect disputes, assisting in levy disputes, assisting with strata renovations, preparing for mediation and tribunal proceedings on behalf of clients and providing advice on strata governance matters. They combine their knowledge and skills with the property law, building law, and administrative law, and they know the particular legislation and tribunals within their jurisdiction.
What is the fee for hiring a strata lawyer?
The amount of costs will depend on the circumstances and the complexity of the case. The cost of a basic strata records review prior to buying a property can range from $300 to $800. The cost of a by-law dispute that goes through a mediation and a Tribunal can range from $2,000 to $8,000, depending on the complexity. Claims for major building defects that require an expert report and significant litigation can be tens of thousands of dollars. Seek a clear estimate first and ensure that you’ll be billed by the project or by the hour.