Strata is a type of housing in which the residents are owners of the interior of their units, while everything else (including things like windows, exterior walls and balcony) belongs to the strata company. Living in these conditions may seem restricting but the benefits are numerous. The cost, the better sense of community and availability to common grounds like gardens, gyms, pools, etc. Still, with this kind of messy ownership situation, it’s fairly easy to see how a strata dispute could occur. Here are several tips to help you stay clear of these disputes or resolve them to everyone’s benefit.
Types of strata disputes
Since there are a lot of people living within the same confined area, nuisance complaints are, by far, the simplest way for conflict resolution. The use of common areas is another potential source of disagreements. When it comes to responsibility regarding the maintenance of the area, fixing damage in the common area can also be a cause of a strata dispute. Then, there’s always a set of existing rules and someone’s attempts to legally change them may cause a debate, which would eventually evolve into a dispute. Even the efficacy of the managing agent (or the perception of their efficacy) can be a problem.
Try finding a simple solution
The first thing you need to do is try and be rational about this. First, you have to think about the source of the conflict and try to understand it. Some empathy, as well as an open-minded attempt to get the information from conflicting parties, would definitely help. Your best two options would be to either go for mediation or arbitration. For this, you would have to get everyone on board. Second, you would have to involve the council of owners. According to experts in strata management from Northern Beaches, the key thing is that you remember that people currently in dispute will have to keep living together even after the matter is settled.
Other methods
There are several other methods you could use in order to resolve this issue, as well. For instance, you could go for tribunal hearings or adjudication. These two methods should be used only in the scenario where mediation or arbitration doesn’t give satisfactory results. Keep in mind that every state has its own rules and regulations, which is why you need to look for legal assistance specialized in local strata regulations. Previous experience in this field is completely invaluable.
Notice to comply
Once there’s a clear violation of the rules, the owner’s corporation or title management can issue a notice for the party that injured the rules to comply. If things are clear and simple, the party that broke the rule has 12 months to comply with this notice. Keep in mind that in order for this to work, there are two necessary things. First, the breach has to be obvious and the party that is accused of it needs to admit their own guilt. This is usually a monetary fine and it can help you avoid much more complex procedures in the future.
In conclusion
In the end, people living in strata need to be prepared for all eventualities. Keep in mind that resolving strata is the simplest when you can find a compromise. Sometimes, your immediate reaction might start a chain reaction by others, so, keep that in mind before doing anything rash. If all else fails, there are so many methods that you could consider. Every one of them has its own set of advantages and disadvantages. Before you proceed, it’s always good to look for some professional guidance. This is the most reliable way of handling these issues.
