For those living in apartments or working in offices, several laws exist that they should be aware of. Strata by-laws in Sydney are applied to such buildings and it is important to understand how it affects you. Property ownership is often referred to as a ‘Title’ and different properties have a different ‘Title’. A Strata title essentially means that you own on a section of a larger property.
For example, in the case where you own a house in an apartment, this means full ownership of your property but shared or part ownership of other shared spaces like the driveway, parking area, foyer, etc. This means a Strata property owner has a legal say in the common property and can contribute to the decisions for maintenance and renovations. They also need to share the cost for the maintenance or renovations.
Situations Where you Need a Strata Title Lawyers in Sydney
Rules & regulations in the form of Strata laws or by-laws exist for strata complexes for a good reason. Shared spaces are often the cause of many different types of disputes. A Strata lawyer can come to the rescue in such a situation. Some of the common situations when one might require expert legal assistance include:
- Property developer: Strata law also affects the property developers, hence building a strata complex is different from building a standalone house. Special rules and regulations apply to Strata buildings and it is also necessary for the developer to obey the by-laws. A Strata lawyer is well trained to deal with the legal issues arising for a property developer during the development of a strata scheme. Issues tend to arise during the planning stage as well and for approval of the development. A skilled strata lawyer can help avoid a property developer from a major dispute and at the same time defend him in the case where a dispute arises.
- Strata Scheme registration: In the case where you need to lodge an application for a strata scheme the process to do this can be quite complicated for a layman. Registering a strata scheme is a lengthy procedure that involves many steps. A Strata lawyer can help with this registration process which involves the hard work of drafting the strata plan and submitting it to the local council. This may be a set of by-laws to make the administration of daily activity of the strata scheme more manageable. Since a strata lawyer is well aware of the process of such strata schemes and all the relevant rules, it is best to seek the assistance of an expert Strata lawyer in this case.
- Building defects & repairs: Strata properties are governed by special rules & regulations where the owners are responsible for the repair work of their own property, however, when it comes to the common property like the driveway, foyer, etc the entire collective or owners corporation is responsible. However, managing a strata property is harder than you imagine. The repair work of common areas is quite often the reason for a big dispute since there are many reasons why a dispute can arise. Thus, repair work or dealing with building defects means dealing with other house owners or the property developers and this is best left to expert Strata lawyers.
- Drafting & Amending the by-laws: A strata complex will usually have several by-laws to ensure the complex runs smoothly. Such laws are necessary for the purpose of defining the behaviour of the residents in terms of the noise, use of parking space, and restricting offensive behaviour. It can also include the maintenance and repair work of the common property. Failure to obey such laws would ideally lead to penalties. A Strata lawyer is someone who can help with the drafting of such laws and in the case where one would be required to amend them.