A strata lawyer can develop, revise and implement an appropriate strata agreement. They can advise both unit owners and building management as to their rights and obligations under the agreement. Strata law is specific and there are certain regulations imposed to limit what can be controlled under contract.
As a Property Developer
A strata lawyer is trained to deal with any legal complications that may arise from developing a strata scheme. This can involve assistance in planning and development approvals, or reviewing leases and employment contracts.Aug 16, 2016What can a strata lawyer do for You?
What is Strata Law? Strata law relates to the statutes, regulations, bylaws and rules that regulate the legal relationships between the strata corporation, strata council, owners and third parties. This is an involved and intricate area of our law that is often subject to emotions and personal views. Having legal backup for strata corporations and owners alike is extremely important.
What is strata and how does it work?
Nov 27, 2020 · Professional strata lawyers are experts in comprehending complex by-laws, strata title laws and regulations that differ across the state. Strata lawyers help you understand and defend your rights as a resident, tenant or the owner of a lot.
What is a strata title?
Strata lawyers deal with legal matters relating to high-rise, multi-dwelling and mixed use buildings. Apartment buildings are often set up under strata law when a building or complex has a communal space of shared ownership. A strata agreement is created and will regulate the rights and obligations of the individuals that use this communal space.
Who is responsible for Strata management?
A strata lawyer is trained to deal with any legal complications that may arise from developing a strata scheme. This can involve assistance in planning and development approvals, or reviewing leases and employment contracts. A lawyer will help to ensure that you are aware of your responsibilities and obligations when constructing a strata complex.
What is the purpose of strata?
A strata scheme is a system for handling the legal ownership of a portion of a building, or structure. Living in a strata scheme means that you own your apartment, or 'lot', and share ownership of the building's common areas with your fellow tenants.Aug 9, 2019
Why is it called strata?
The word "strata" refers to apartments being on different levels. Strata title was first introduced in 1961 in the state of New South Wales, Australia, to better cope with the legal ownership of apartment blocks.
What is a strata in Australia?
Strata title is a model of property ownership in Australia that allows individuals to buy ownership in a larger property or building. As an owner of a 'lot' within a 'Strata Complex', you own your lot as well as a share in the 'common property'.Jul 26, 2019
What is strata called in USA?
While strata title hasn't yet caught on in the United States, it has a couple of close analogs there. The most common of these is the standard condominium title that millions of city-dwellers use.Nov 20, 2013
What do strata companies do?
A strata manager is a company that manages an apartment block on behalf of all the individual owners in that block. They work in the owners' collective interest and manage everything from legal compliance to building maintenance and financial administration.Jul 28, 2021
Who owns what in strata?
When you own a strata title property, you have individual ownership over your apartment or townhouse (called a 'lot'), as well as shared ownership over the 'common property', such as the driveway, foyer and garden. The common property is then managed by a legal entity.Feb 13, 2020
What does strata title mean in South Australia?
A strata title is usually associated with townhouses, units and commercial property such as shops or warehouses. A strata plan divides the land into units owned by individuals and common areas which are jointly shared and owned by all titleholders in the group.
Why strata titles are important?
Strata schemes are designed to give property owners more control over the space they occupy. The structure of strata titles designates the management corporation as the owner of the land. In the eyes of the law, the management corporation is solely responsible for matters involving legal obligations in its dealings.May 8, 2021
What is Strata Law?
Strata law relates to the statutes, regulations, bylaws and rules that regulate the legal relationships between the strata corporation, strata council, owners and third parties. This is an involved and intricate area of our law that is often subject to emotions and personal views.
Frequently Asked Questions on Strata Law
Independent Legal Advice (“ILA”) refers to legal advice given by a lawyer who is not involved in the transaction with the client. ILA is usually required by lenders and other sophisticated parties who want to ensure that their clients are fully informed of the content and consequences of a transaction.
Where to get a free consultation for a strata lawyer
We update our data regularly, but information can change between updates. Confirm details with the provider you're interested in before making a decision.
What is a strata lawyer?
The term 'strata' was introduced in 1961 by the NSW Parliament in reference to the division of ownership in apartment buildings. Strata titles govern the ownership of a single unit or 'lot' in a multi-level apartment. Strata laws also apply to retail stores in shopping centres, office spaces, retirement villages or resorts.
When should I use a strata lawyer?
It's common for owners or residents to seek support from a strata lawyer after a dispute arises. Experienced strata lawyers can provide legal advice at any stage of a contract, settlement or transition into a unit.
Strata lawyers vs commercial lawyers
Strata lawyers are well versed in legislation relating to strata titles, by-laws and contracts. Although strata lawyers may work with commercial contracts and businesses, strata lawyers are specialised in the laws and requirements surrounding a strata title and the by-laws relating to ownership or tenancy.
What do strata lawyers do and not do?
Hiring a professional strata lawyer provides property developers, owners and residents with the following services:
How effective is a strata lawyer?
Experienced strata lawyers provide you with insight and give you the confidence to navigate complex strata titles and by-laws. With knowledge of strata laws relevant to commercial buildings, residential units and retail spaces, strata lawyers can provide legal advice and effective support for matters relating to a strata title.
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Shona Yang is a writer for Finder. Specialising in digital media, Shona has written for a variety of charities, startups and organisations. Her work has been published on Huffington Post, SBS News, Yahoo 7, Jumpstart Magazine and more.
What is a strata lawyer?
Strata lawyers deal with legal matters relating to high-rise, multi-dwelling and mixed use buildings. Apartment buildings are often set up under strata law when a building or complex has a communal space of shared ownership. A strata agreement is created and will regulate the rights and obligations of the individuals that use this communal space.
What can a strata lawyer do for me?
A strata lawyer can develop, revise and implement an appropriate strata agreement. They can advise both unit owners and building management as to their rights and obligations under the agreement. Strata law is specific and there are certain regulations imposed to limit what can be controlled under contract.
5 tips when hiring a strata lawyer
If you are involved in a dispute regarding common property, consider these tips before consulting a lawyer:
As a Property Developer
If you are a property developer, building a strata complex is very different from building a freestanding house. There are special rules and regulations to obey, such as by-laws. A strata lawyer is trained to deal with any legal complications that may arise from developing a strata scheme.
The Registration of a Strata Scheme
Unsure of how to lodge an application for a strata scheme? It is quite a complex procedure and involves multiple steps. Put simply, a strata plan is drawn up and submitted to the local council for approval, and a set of by-laws is established to assist in the administration and general harmony of the strata scheme.
The Drafting and Amending of By-laws
By-laws are general rules that ensure the complex runs smoothly. They can cover areas such as the behaviour of the residents (excess noise, misuse of parking spaces or offensive behaviour), or the maintenance (such as cleaning) of common property. Generally, residents must adhere to these by-laws or they can face penalties such as fines.
For Major Defects and Urgent Repairs
A crucial question when it comes to damages and repairs in a strata complex is: who pays for what?
The Resolution of Strata and Community Disputes
Don’t appreciate Nickelback blasting from the room next door? From disputes between owners about excessive noise, to disagreements between owners and the owners corporation about certain by-laws, it is important to resolve any disputes in a strata complex before they develop into something they shouldn’t.
Body corporate fees
Body corporate fees (also called levies) are a mandatory part of strata living. These fees are payable to the body corporate or strata company managing the property, enabling them to take care of things such as insurance and maintenance of common areas .
Strata management in New South Wales, Australia
Strata management in New South Wales, Australia is currently governed by legislation including the Strata Schemes Management Act 1996 and the Strata Schemes Management Regulation 2010.
Contact a Strata Lawyer
Some lawyers specialize in strata-related issues. Lawyers who are knowledgeable about strata issues may advertise in or write articles for the publications and websites of strata associations.
Contact the Lawyer Referral Service
The B.C. Lawyer Referral Service enables members of the public to consult with a lawyer for up to 30 minutes on a single issue.
Consider Legal Aid
Legal Aid is provided by the Legal Services Society. While priority is given to people with low incomes, information is available on their website for everyone.
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