Strata Title Law in NSW

In NSW, strata title law is essential to the property market. Strata schemes allow individual ownership of parts of a property, like an apartment or townhouse, along with shared ownership of common areas, such as driveways and gardens. This unique ownership structure requires specific laws for fair management and dispute resolution. Navigating these complexities can be challenging, so working with our experienced conveyancing and property lawyers at Szabo & Associates Solicitors is invaluable to protect your rights and interests.

What is Strata Title?

A strata title is a property ownership structure where individuals own a specific part of a building or lot, like an apartment, while jointly owning common property, such as hallways, stairwells, exteriors, and shared amenities. Strata title law grants owners rights to their individual lots but requires shared responsibility for maintaining common areas. In NSW, the primary legislation governing strata schemes is the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015, which establish the legal framework for managing, maintaining, and resolving disputes within strata schemes.

Key Components of Strata Title Law

Owners Corporation

When a strata scheme is created, lot owners form an owners corporation to manage common areas, including maintenance and repairs. The corporation can levy strata fees to fund these activities. In NSW, it must also hold annual meetings and ensure transparency in financial and administrative matters.

By-Laws

By-laws are rules the owners corporation sets to ensure smooth community operation. They cover areas like noise, parking, use of common property, and pet ownership. These rules vary between buildings, and owners can vote to add or amend them if they comply with NSW regulations.

Levies and Financial Management

All owners in a strata scheme contribute to common property upkeep through strata levies, which cover expenses like cleaning, insurance, and repairs. Levies are typically divided into administrative funds for daily expenses, and capital works funds for long-term projects. NSW law requires transparency in fund use and up-to-date financial records.

Dispute Resolution

Living in close quarters with shared responsibilities can lead to disputes over issues like noise, parking, and levies. In NSW, these are often resolved through mediation or at the NSW Civil and Administrative Tribunal (NCAT), where parties can seek guidance under strata law, or with help from our experienced solicitors.

Recent Changes to Strata Law in NSW

NSW has introduced reforms to make strata living more equitable and environmentally friendly, including easier installation of sustainability upgrades like solar panels on common property. There are also clearer guidelines for strata renewal in older buildings, promoting efficient redevelopment. The NSW government is continuing to update strata laws to improve the experience for owners and residents of strata properties, including apartments, townhouses, and villas.

Why Understanding Strata Law Matters

Navigating strata title law can be complex due to shared responsibilities and close living arrangements. For property owners, tenants, and investors, understanding the law is key to protecting rights and managing obligations. Our experienced NSW conveyancing and property lawyers can offer valuable guidance on managing, investing in, or resolving disputes within strata properties and ensuring compliance with evolving legislation.

Book a Consultation Today

Strata title law is essential to NSW’s property landscape, particularly in urban areas. Whether buying, selling, or managing a strata property, understanding the law ensures a smooth experience in a shared ownership community. For help with legal complexities relating to NSW strata law, contact Szabo & Associates Solicitors.