Circumstances Where You Need to Hire A Strata Lawyer

August 8, 2022    Civillawyers
Circumstances Where You Need to Hire A Strata Lawyer

Strata schemes can be complex as there are levies, legislation, and by-laws to consider so that several owners can exist in the same building. There can be issues that might obstruct the scheme’s general consistency, such as ownership disputes, planning, and revision of rules that people need to follow.


Whether you live in a strata property or happen to be a developer of the property, you can take the help of Strata lawyers Perth to understand your rights and obligations. They can help you with legal advice and review documents that define the rights of owners and owners of corporations.


In this guide, you will know about major situations where you will need the help of such a lawyer.

What is the Strata Law?


In your everyday life, you will witness strata complexes in the form of office buildings and apartments. In any type of building, be it mixed-use or multi-purpose, strata are responsible for the legal ownership that is again divided into ‘lots’. A ‘lot’ can be either a retail shop, storage unit in a warehouse, or an apartment.


Each of the lots comprises an owner, and for many owners to coexist, some rules and regulations can ensure that the strata complex runs efficiently. There are different ‘strata laws’ for strata complexes compared to laws for other types of homes. This is why you need to hire a strata layer for help in legal matters.


What Are the Situations where You Need to Hire a Strata Lawyer?


Some of the situations where you will need the help of a strata lawyer are as follows:

• If you are a property developer

Being a property developer, you might know that building a strata complex is not the same as building a freestanding house. Some unique rules and regulations need to be obeyed, like by-laws.


A reputed strata lawyer has training that can help them deal with legal issues that might arise from creating a strata scheme.


You might need help in developing and planning approvals and reviewing contracts. A strata lawyer can ensure that you are aware of your responsibilities and obligations when creating a strata complex.

• During the registration of a strata scheme

If you are unsure how to lodge an application for strata schemes, you should not feel different as it is a complex process with many steps involved. A strata plan is drawn up, and after that, it is submitted to the local council for approval.


After that, some by-laws have been established that help in the administration and overall harmony of the strata scheme. With the help of a qualified strata lawyer, you can understand the strata scheme that is specific to your territory or state.


Read More – Guide To Building Disputes Resolution


• In the drafting and changing of by-laws

When you talk about by-laws, these are general rules that can help to ensure that a strata complex runs efficiently. These laws cover areas like the behavior of residents, including parking space misuse, loud noises, and other offensive behavior. They also include the maintenance or cleaning of common properties.


It is essential that the residents of the complex follow these by-laws; if not, they may need to face penalties like fines. An owner’s corporation can also add or make changes to these by-laws for the strata scheme; it doesn’t matter if it is industrial, commercial, or residential.

• For crucial defects and urgent repairs

In terms of repairs and damages in a strata complex, you may think of who pays for what. In general terms, the owner’s corporation is responsible for repairing the surroundings of the property. When it comes to repairs inside a house, the owner is responsible for the repairs.


But it is tough to differentiate between common property and individual lots. If you are not aware of the differences, you can take the help of a qualified strata lawyer in your area. They can also help to refer you to a certain plan and laws. You can also help you understand the terms and conditions.

• Strata resolution and community disputes

In a strata complex, it is common to hear disputes among the house owners regarding loud noises, disagreements between owners, and certain laws of the complex. It is essential to resolve any form of an argument before they become more prominent and uglier. A lawyer can help to provide advice regarding your rights and responsibilities in resolving specific disputes.


Benefits that a Strata Lawyer Can Provide


Strata lawyers can provide certain benefits to the owner’s corporation, and there are mainly four areas they can help with:

• Technical knowledge

You might be unaware of the aggregate unit entitlements and may not know about the Strata Schemes Management Act, 2015. In such cases, you will need the help of strata management lawyers. Such managers are qualified and experienced in all these things that are associated with strata management.


They can take care of the difficult sides of legislation that can help to make things easier for you if you are a property owner. You can save your time and enjoy your strata property. Most of the reputed strata lawyers have at least four years of experience in strata management. This indicates that they have good knowledge to tackle difficult questions and clarify your doubts.

• Unbiased advice

When purchasing a property, considerable investment and financial commitment are associated with this process. But when you try to associate your emotions with these kinds of investments, it can lead to disagreements, especially among the property owners. Disputes arise when someone is ignored by others or feels unheard in the strata complex.


Rather than strata owners arguing without finding any solution, a strata lawyer can step in to resolve any kind of dispute or disagreement and provide unbiased advice or information. The best strata lawyers can help provide a solution with the help of facts and knowledge and also help in mediation to provide the best outcome.

• Concentrated communication

When there is a strata lawyer, it indicates that an owner’s corporation and strata committee can deploy important communications to a trusted source. This can help reduce the chances of mixed messages from the strata committee and ensure that everyone is on the same page with what is expected from them.


A popular strata lawyer also possesses the knowledge and foresight regarding strata rules and regulations. This can help to ensure that proper communications are sent out and are linked to what is documented in the owner’s corporation’s laws and legislative requirements.

• Risk Reduction

The best strata lawyers have experience in dealing with strata properties, and most of them have dealt with common problems that can arise while running an owners corporation. This knowledge can help to reduce risks, and this knowledge possessed by the lawyers can help strata owners and committees.


What Are Some Risks of Not Hiring a Strata Lawyer?


There is a saying that too many cooks spoil the broth; when there are multiple people who work on the same project and want their voices to be heard, things can be difficult. The same thing applies to strata properties and the committees in a strata complex.


There will be conflicts if multiple people share opinions on how things should be done. In such cases, it is hard to expect any sort of resolution, and this is why strata owners and corporations might be unsuccessful in carrying out obligations that might result in breaches in legislation, people not complying with laws, and much more.


There are cases where an owner’s corporation may be thought to be as dysfunctional as they are unable to follow the legislation rules. You may face trouble if you do not hire a reputed strata lawyer for help.


When Should You Use a Strata Lawyer?


It is common for people who live in a strata complex to seek help from a strata lawyer. They look for help, especially when there are disputes among owners, and an experienced lawyer can provide people with legal advice at any stage of a Property settlement Lawyers Perth or contract.


The most well-known strata lawyers in your area can be an advantage for you before you buy a strata apartment or invest in a new one. Some of the instances where you will require the assistance of a strata Lawyer are as follows:

• In developing properties

The best strata management lawyers can help you handle the legal needs and regulations related to an apartment’s development. Creating a unit will require plans and approvals compared to a basic standalone house. These lawyers can help in submitting proposals and draft contractors with the concerned individuals.

• To request changes to a strata apartment

If you want to make changes to a unit in a strata title, you will need to have a unique set of approvals. To make changes to an apartment, you might need the permission of different parties, especially when the amendments are shared.


This is due to the reason when you make changes to common property; it is possible to affect the individual properties too. With the help of experienced strata lawyers, you can acquire the required approvals and also know your rights under specific laws.

• Resolving disputes

By hiring the top strata lawyers in your area, you can quickly resolve disputes with your neighbor or owner of the lot. When an apartment has different residents, there are chances of disputes for various reasons, and a professional Dispute Resolution Lawyers Perth can help resolve these disputes.


Contact Civil Lawyers Perth


If you live in any strata complex and there are disputes with your neighbor that need to be solved, you can opt to seek assistance from strata lawyers.


By associating with Civil Lawyers Perth, you can have access to the best lawyers in your area who can help you with a number of issues that are related to strata apartments or management.

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