There are three main areas where a property lawyer can help with issues relating to strata or unit titles other than the obvious assistance required for conveyancing.

It is essential that you understand your legal obligations before you purchase a strata or unit titled property. You also need to know whether there are any problems with the building before you enter into a contract. A lawyer can:

• help you understand the obligations and responsibilities that come with living in the particular strata title development including any restrictions that by-laws may impose; and
• obtain past records of the owners’ corporation and identify whether there are management or maintenance issues or concerns about the building or property you are interested in.

Some purchasers do not realise that by purchasing a strata titled property you automatically become part of an owners’ corporation. The law requires the owners’ corporation to insure, maintain and manage the property. To meet these obligations the owners’ corporation will require payment of levies from all owners. Levies are usually collected quarterly (four times a year).

Strata levies can be substantial depending on the state of the strata title property and whether it has a lot of common property areas or special facilities and equipment. Common property is property or facilities that can be used by every resident of the property or that benefit everyone in the property. Examples of common property are

• a pool;
• gym;
• courtyards;
• gardens;
• car-parking;
• lifts;
• fire safety equipment; and
• stairwells.

Money collected for strata levies is held in a trust account and used for running costs, maintenance and improvements. A lawyer can help explain how your levies will be used.

Sharing common living spaces with other people who may have different interests and come from diverse backgrounds can sometimes lead to disputes and disagreements. Most common disputes arise over nuisance matters such as

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

When a dispute occurs it is often best to talk calmly to the neighbour concerned providing you feel you can do so safely. You might explain how their behaviour is affecting you and make reasonable requests for change.

Other ways of resolving the dispute may become necessary if the nuisance behaviour continues, occurs frequently or is of a more serious nature. Strata law provides that attempts should usually be made to resolve a difficult dispute through 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. If the problem is not resolved at mediation proceedings can be brought in your relevant state or territory tribunal or court.

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.

The owners’ corporation should always seek legal advice for issues concerning any proposed change in

• by-laws;
• contracts and agreements;
• building defects; or
• boundary issues.

Depending on the estimated costs of the legal advice this expenditure may need to be approved at a general meeting of the owners’ corporation by a majority vote.