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What is strata?
Strata terms and jargon
Frequently Asked Questions
Do-It-Yourself Strata Kit
Strataman News
Further information
Useful links
Accounting/Audit
Buying a strata property
Buying off-the-plan
By-Laws
Resolving disputes
Executive Committee
GST and Taxation
Insurance requirements
Legal advice
Levies
Maintenance and Repairs
Meetings
Owners Corporation
Preventative Maintenance
Records and Accounts
Small Schemes
Strata Managing Agents
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"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 Strata Schemes Management Act 1996(NSW). It's highly recommended you seek legal advice from a professional lawyer specialising in strata." |
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LEGAL ADVICE
Specialist legal advice should be obtained for
- Drafting by-laws (eg alterations/additions to common property, exclusive use of common property areas)
- Harmony issues (such as neighbour disputes) which cannot be resolved and require external mediation
- Contracts & Agreements
- Problems with building defects
- Dividing fence and boundaries issues
Restrictions on seeking legal advice & initiating legal action
If the Owners Corporation wishes to seek legal advice or initiate legal action resulting in a cost to the Owners Corporation, it will be necessary to resolve this 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. |
OTHER HELPFUL LEGAL INFORMATION
Here are a couple of very helpful 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.
Remember: Legal advice is something you should always get when dealing with areas as involved and complex as Strata Title.
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. 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 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 the information. Now, the information on this site may not solve your complex problems but you can at least become better informed about your situation and obtain some valuable guidelines and ideas.
Combined Community Legal Centres Group(NSW)
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 a real gem. It would seem to be a FREE service but, as in most 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.
NATIONAL CCLC: There's even a National CCLC centre for those of you residing outside NSW.
LegalAid in NSW
This service actually provides some legal advice for free. The site indicates there is no means-test to determine eligibility but, as you go in further, they do require you to answer some specific financial questions. It would seem you might be able to go a little way into the system before it cuts out but it could be a worthwhile starting point for some of the issues that can tend to arise in the complex world of Strata.
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 make the Law Society in your state your starting point. Generally, specialist lawyers advertise in industry publications and journals dealing with their specialty, so keep an eye out for these.
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 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.
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