It is essential that you understand your legal obligations and responsibilities before purchasing a property in a community scheme. Since this area of law is quite complex you should speak to a specialist property lawyer before you enter into a contract of sale. A lawyer can:

• help you understand the obligations and responsibilities that come with living in the particular community scheme including any restrictions that by-laws or a management statement may impose; and
• obtain past records of the association to identify whether there are management or maintenance issues or concerns about the property, building or community you are interested in. There is usually a fee for producing this information but it is a small price to pay for valuable information that may save you a lot more in the long run.

Purchasers may not realise that by purchasing into a community scheme you automatically become part of a body called an ‘association.’ A specialist lawyer will be able to explain to you your role in the association. They can also explain how the 'management statement' regulates the operation of the community. Generally speaking the association of a community title scheme is responsible for looking after the

• gardens;
• garbage; and
• infrastructure such as roads.

Maintaining these facilities and ensuring the community runs smoothly requires money. All lot owners must contribute through levies towards the maintenance and upkeep of the community. There are also legal obligations on the association to take out certain insurances and ensure that all association property is in a proper state of repair. A lawyer can help you understand how your levies are calculated and how the money will be used.

Disputes can arise in a shared living environment. Most common disputes arise over minor matters that can be easily resolved through communication such as:

• excessive noise;
• garbage;
• keeping pets; and
• parking issues.

Usually the best way to resolve a dispute is through communication. Unfortunately in large schemes it can be difficult to communicate with a person that you

• may not know;
• cannot identify; or
• feel intimidated by.

The law provides for alternative methods of dispute resolution that can be undertaken such as mediation. Mediation is a process where a trained independent person will ask each party to tell their story and guide you towards a shared understanding where you can hopefully reach an agreement that everyone can live with. While you are encouraged not to bring lawyers into the mediation it is good practice to seek legal advice before commencing the mediation process. This will give you a clear idea of your rights and responsibilities and help you clarify what you want to achieve. If the problem is not resolved at mediation you can progress to adjudication and then to a tribunal or court in your state or territory. For more serious matters it is wise to seek legal advice before taking any action. Good legal advice can prevent minor disputes from escalating into complex issues requiring hearing at a tribunal or court.

A specialist property lawyer can assist with untangling the interaction of community title and strata title laws to answer difficult questions about rights and responsibilities. You can seek out legal advice if you are worried about how your scheme is operating. If you want general advice about a matter you can always obtain it for free at your local community legal centre. For advice that is specific to your situation you can look for a specialist property lawyer near you in our free Find a Lawyer directory.

Associations should always seek legal advice for legal issues including:

• drafting changes to by-laws;
• entering into contracts and agreements with third parties such as:
  • private garbage collection companies;
  • landscapers;
  • window cleaners; and
  • cleaners;
• insurance matters such as building defects; and
• litigation or any contemplated legal action.