for everything you need to know about strata...
"STOP! Don't act without first seeking the proper legal advice. All strata schemes in NSW come under NSW Government legislation and are covered by the NSW Strata Schemes Management Act 1996 and the Strata Schemes Management Regulation 2005. Due to the level of complexity involved it's highly recommended you seek legal advice from a lawyer specialising in strata for any legal matters"
STRATA LAW & STRATA LEGAL ADVICE
Specialist legal advice should be obtained for:
- Drafting or changing by-laws
(eg alterations or additions to common property, exclusive use of common property areas, unit entitlement changes, etc) - 'Harmony' issues
(such as neighbour disputes which can't be easily resolved and require external mediation or adjudication) - Contracts & Agreements
- Problems with building defects
- Dividing fence and boundary issues
Restrictions on seeking legal advice & initiating legal action
Under current legislation, if the Owners Corporation wishes to seek legal advice or initiate legal action resulting in a cost to the Strata Scheme, an authority to proceed motion will need to be resolved at a general meeting.
The only exception to this is if the anticipated legal costs are limited to an amount of $750 TIMES the number of lots in the scheme (excluding parking or utility lots) or $10,000 whichever is the lesser. If this IS the case, then the Executive Committee may approve such legal action without the need for a general meeting resolution.
Example
So, for a block of 9 units the amount that can be OK'd by the EC is $6,750 (or $750 X 9)
So, if the expected legal costs were OVER $6,750 then a resolution at a general meeting would be required.
The above amounts are accurate as of 2008.
Note
For any scheme with MORE THAN 13 lots (ie 14 and above) a general meeting will need to be convened to have the legal costs OK'd if they're expected to be greater than $10,000.
OTHER HELPFUL LEGAL INFORMATION
Here are a couple of very helpful generic legal information sources ranging from an online legal information service to a Free Legal Service to the Law society branches in each state in Australia.
While these references can provide you with some basic information you may find you'll require the services of one of the legal firms that specialise in strata title. At this point in time I have purposely omitted them from the list below.
FIND A LAWYER & FIND ANSWERS
A seemingly comprehensive free service that assists you in the search for a specialist lawyer as well as helping you get some answers to some basic issues.However, a quick trial run of the "Find a lawyer" facility didn't manage to turn up many lawyers who specialise in strata. I must admit I didn't really give it a thorough trial so you may have more luck. At any rate, it could a good starting point.
A search on some of the more common strata terms didn't turn up anything at all either but I may not have been using it correctly. Anyway, it's a site that's definitely worth having a look at.
There's lots and lots of links to all sorts of interesting areas and you may just find whatever it is you're searching for. By the way, it operates on a national basis too.
FREELEGAL ONLINE
Basically a free site providing access to legal information ONLINE for NSW and all other states around Australia. This site does for Legal information what the Strataman site does for Strata.Simply select the state you need to research from the displayed map of Australia on the home page and you get access to a wide variety of information along with many other options.
Now, the information on this site may not solve your complex problems but it might help you become better informed about your problem, obtain some valuable guidelines and ideas or be directed to someone who can help.
COMBINED COMMUNITY LEGAL CENTRES GROUP(NSW)-CCLC
Now here's a service for all you NSW folks out there. I haven't actually used the service myself but, on the surface, it appears to be quite OK. It would seem to be a FREE service but, as in most similar cases, I'm sure there ARE limits.Anyway, the site contains lots of links, reference sites, email addresses and phone numbers and there's even a solicitor referral service so you should be able to head in the right direction if not be helped directly. At the very least it's a great starting point.
There are many centres dotted around NSW and the webpage that lists them can be found on this page
NATIONAL CCLC
For those of you residing outside NSW there's a National CCLC centre.
LEGALAID IN NSW
This service provides some legal advice for free as long as you are 'eligible'. The site seems to indicate there's no actual means-test to determine eligibility but, as you go in further, you'll discover they require you to answer some specific financial questions to determine your eligibility. Give it a try - you may find out you DO qualify for something.Anyway, it appears you might be able to go a little way into the system before it cuts out so it could be a worthwhile starting point for some of the issues that can tend to arise in the complex world of Strata. Try it out and let me know how you get on.......
THE LAW SOCIETY of.......
There's a Law Society branch (or equivalent) in every state of Australia. If you're looking for a lawyer who specialises in Strata Title then you might like to start with the Law Society in your state. Generally, specialist lawyers advertise in industry publications and journals dealing with their specialty, so keep an eye out for these too.
Tip - Legal advice is something you should always get when dealing with areas as complex as Strata Title. And, as I've said many times before....it's always better to engage a Strata specialist...especially when legal matters are involved.
Strata Title Terms and Jargon
If you need to know the meaning of one or more of the common terms mentioned above then have a look at the Strata Terms and Jargon Information page.
DISCLAIMER: All information on this website is of a general nature and is intended as a guide only. Readers should check all information obtained from this website for accuracy from other sources and seek professional legal advice before taking any action based on any information obtained from this website. Information on this website should not be substituted for proper legal advice. The owners of this website will not be held responsible for any action taken as a consequence of same.
EXTERNAL SOURCES: The owners of this website do not make any warranty or representations regarding the information, products, services provided by or qualifications of any external sources listed on this website. Readers should make their own appropriate enquiries regarding accuracy, qualifications, licences, etc. The owners of this website will not be responsible or liable in any way for any representations made by any external sources listed on this website.
IMPORTANT NOTE: This website deals with strata matters in NSW, Australia only. Legislation varies in different states and territories and in other countries. For information pertaining to places outside of NSW, Australia please refer to the appropriate legislation for your region.
What is strata?
Strata terms and jargon
Frequently Asked Questions
Do-It-Yourself Strata
Strataman News
Helpful Websites
Buying a strata titled property
Buying "off-the-plan"
By-Laws
Community & Neighbourhoods
Compliance issues
Executive Committee
Insurance requirements
Legal advice
Levies & Special Levies
Meetings
Ongoing maintenance&repairs
Owners Corporation
Preventative maintenance
Records & Accounts
Resolving disputes
Small & Large schemes
Strata Managing Agents
Strata trades guide
Taxation & GST
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