Strata lawyers

A strata title is a form of property ownership in NSW where you own an individual lot, such as an apartment, townhouse or commercial unit, and also share ownership of the common property with other lot owners in the scheme.

Your lot is defined by the registered strata plan and generally includes the cubic space within the internal surfaces of the walls, floors and ceilings.

Common property typically includes structural elements, external walls, roofs, foyers, lifts, driveways and shared services.

When you purchase a strata lot, you automatically become a member of the owners corporation. This corporation is responsible for managing and maintaining the common property, and lot owners contribute to those costs through levies.

Strata schemes in NSW are regulated by the Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Development Act 2015 (NSW).

By-laws are the legally enforceable rules that regulate how a strata scheme operates. In NSW, they cover matters such as noise, pets, parking, renovations and the use of common property.

Every strata scheme has registered by-laws recorded on its strata plan. These rules automatically apply when you purchase or occupy a lot. You cannot opt out of them.

Additional or amended by-laws may be needed where your scheme wants to:

• Allow or regulate pets
• Grant exclusive use of common property, such as a courtyard or car space
• Approve significant renovations affecting common property
• Restrict short-term letting

If you are unsure whether your strata scheme requires a new or updated by-law, contact our strata lawyers today for tailored legal advice.

Yes. Registered strata by-laws are legally binding on lot owners, occupiers and the owners corporation in NSW.

However, a by-law must comply with the Strata Schemes Management Act 2015 (NSW) to be enforceable.

A by-law may be invalid if it is harsh, unconscionable or oppressive, or if it has not been properly made and registered.

In NSW, whether or not you may amend your strata lot without a by-law depends on the type of work you want to carry out:

• Cosmetic changes, such as painting, installing carpet, hanging shelves or replacing kitchen cupboards, generally do not require approval and do not require a by-law.
• Minor works, such as installing timber flooring, renovating a kitchen or bathroom, or installing air conditioning, require approval from the owners corporation, usually by ordinary resolution. A registered by-law may be required depending on the nature of the work and if the scheme chooses to impose one.
• Major renovations that affect common property in a significant way, including structural changes, waterproofing, altering external walls, or modifying services, require approval by special resolution. In most cases, a registered common property rights by-law is required to allocate responsibility for ongoing maintenance and repair.

Note that carrying out works without proper approval can result in orders to stop the work, rectify damage, reinstate common property or cover specified costs.

Before starting any renovations, it’s important to confirm whether approval or a registered by-law is required.

If a person breaches a registered by-law, the owners corporation may issue a Notice to Comply under section 146 of the Strata Schemes Management Act 2015 (NSW).

If the breach continues, the owners corporation can apply to NCAT for a penalty order.

In many cases, mediation through NSW Fair Trading is required before the matter proceeds to NCAT.

A strata breach notice, formally known as a Notice to Comply with a By-Law, is a written notice issued by the owners corporation to a person who has allegedly breached a registered by-law.

This notice identifies the by-law and the conduct that must stop. If the person fails to comply and the breach continues, the owners corporation may apply to NCAT for a penalty order.

Levy payments are legally recoverable as a debt owed to the owners corporation.

If a lot owner fails to pay levies, the owners corporation can:

• Issue reminder notices
• Charge interest on overdue amounts
• Commence debt recovery proceedings in court
• Seek recovery of legal costs where permitted

As unpaid levies can affect the financial stability of the scheme, we recommend taking urgent action to rectify the issue.

Not every strata transaction or dispute reaches the outcome originally expected. If a sale falls through, negotiations break down, or a proposed by-law or governance decision cannot proceed, the next steps depend on the specific circumstances.

We will first review your documents and advise whether the matter can be varied, renegotiated or restructured to achieve a workable outcome. In some cases, this may involve amending terms, extending timeframes or clarifying conditions to keep the transaction on track.

If continuation is not viable, we will provide clear advice on termination rights, including whether a party is entitled to withdraw and what consequences may follow.

Where conflict arises, we can also develop an alternative dispute resolution strategy, such as structured negotiation or mediation, to resolve the issue and minimise further risk.

Ultimately, our focus is to protect your legal position and guide you toward a practical outcome under NSW law.

If you are involved in a strata scheme in NSW, we can assist. Our lawyers regularly act for:

• Lot owners in residential strata schemes, from small complexes to high-density developments
• Owners corporations and strata committees responsible for governance and compliance
• Mixed-use strata and community title developments
• Strata managers seeking clear advice on statutory duties and risk management

We provide legal services for strata properties across Newcastle, Maitland, Lake Macquarie, the Central Coast and Sydney.

The more information we have at the start, the faster we can give you tailored advice. It helps to have:

• A copy of your strata plan and the current registered by-laws
• Recent meeting minutes and any relevant resolutions
• Levy notices or financial records connected to the issue
• Emails, letters or notices relating to the dispute

These documents allow us to understand how your strata scheme is structured and what has already occurred.

If you haven’t gathered all of these details yet, don’t worry. We will let you know exactly what is needed after an initial discussion.

Timeframes vary depending on the nature of your matter.

As a guide, straightforward by-law drafting or review usually takes around 1 to 2 weeks, depending on the complexity and how quickly instructions are confirmed.

Strata dispute resolutions generally take longer, especially if they proceed to NCAT, as tribunal schedules and the conduct of the parties involved will influence timing.

Moreover, delays can arise if by-law wording is complex, multiple owners are involved or listing dates at NCAT are pushed back.

At Turnbull Hill Lawyers, we will provide you with an estimated timeline after your initial consultation and keep you updated as your case progresses.

The cost of a strata lawyer depends on the nature and complexity of the matter.

By-law drafting and review are typically offered on a fixed fee basis, while advisory work and dispute resolution are generally charged at an hourly rate.

More complex matters may require a retainer together with standard disbursements, such as tribunal filing fees.

At Turnbull Hill Lawyers, we offer a complimentary initial consultation to understand your circumstances and scope the work required. We will then provide a clear, written cost estimate before any work commences.