Increasingly in Australia”s big cities people attending to live in Strata accommodation because population pressures are forcing more people to be accommodated on less land.    In New South Wales for example a body of legislation has grown up which has set out the parameters of managing strata schemes.   The Strata Scheme Management Act 1996 (NSW) sets out a simple system for managing Strata in New South Wales.  There is a principal manager and their relationship with the owners Corporation which normally has a constitution and an executive committee who are elected by the unit holders in the strata scheme.

There are provisions of the legislation which ensure that the strata managing agent is accountable as certain defined functions and is appointed according to a process under the legislation.    The body corporate can also write bylaws as they are progressively approved by meetings of the strata corporation.    There are also some basic dispute management mechanisms contained within the act such as mediation and voting mechanisms at general meetings of the Strata Corporation. Strata corporations are also required to obtain building insurance under the valuations and maintain records and accounts using the strata roll, minutes of meetings, accounting records, records of notices and orders and a strata Corporation is also required to conduct an audit each year.  In certain circumstances the tribunal created by the strata management legislation can make orders to caretakers or strata management bodies.  this is the primary method of dispute resolution in relation to the management of strata schemes in New South Wales.  The tribunal has very similar powers to a court and in some circumstances its decisions can be appealed.  Ultimately the decisions of the tribunal can also be appealed to the district Court of New South Wales. If you have an issue with the unit holder in your Strata scheme, or the way that your strata management corporation is dealing with you in relation to the Strata Management Act there are certainly options the lawyer can give you by advising you on your rights in relation to these issues.  Please do not hesitate to contact us if you have an enquiry about strata management law in New South Wales.