Expert Counsel in Strata Law
Strata Counsel
Providing clear, strategic advice on all aspects of strata ownership, governance, and dispute resolution across New South Wales. Our experienced counsel guide owners, committees, and developers through the complexities of strata law with confidence and precision.
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About Us
Specialists in Strata and Property Law
Strata law in New South Wales governs the ownership, management, and operation of properties divided into lots and common property, typically in apartment buildings and multi-unit developments.
The Strata Schemes Development Act 2015 (NSW) and the Strata Schemes Management Act 2015 (NSW) form the legislative foundation of strata law. The former establishes the creation and registration of strata schemes and the rights of individual lot owners. The latter regulates the collective management of schemes, including the functions of owners corporations, by-laws, and dispute resolution
processes.
Our counsel are well-versed in strata law, advising owners, committees, and developers across all aspects of strata governance, dispute resolution, and compliance with evolving legislative requirements.
Years of Experience
Successful cases
Strata Counsel
Explore Key Areas of Strata Law
Strata Plan
Understand the legal framework that defines lots, common property, and by-laws within every strata scheme.
Owners corporation
Learn how the owners corporation manages, maintains, and governs the common property for all lot owners.
Strata committee
Explore the structure and responsibilities of the strata committee in overseeing day-to-day scheme management.
Counsel
Meet our experienced counsel providing strategic, results-driven advice in all areas of strata law.
Owners corporation
The Role of the Owners Corporation
The owners from time to time of the lots in a strata plan constitute a body corporate known as the owners corporation (s 8(1) of the Strata Schemes Management Act 2015 (NSW).
The strata plan
Understanding the Strata Plan
The strata plan is the foundation of every strata scheme. Under s 10(1) of the Strata Schemes Development Act 2015 (NSW), it must include the following:
- Location plan: outlines the land perimeter and the location of any building erected on the land and of any lots not within the building.
- Floor plan: identifies the position of each lot (or part lots) on each floor of the building.
- Administration sheet: a document in the approved form setting out administrative matters relating to the registration of plans.
- By-laws: the rules that regulate day-to-day living within the strata scheme
- Schedule of unit entitlement: lists the unit entitlement of each lot, which determines voting rights, levy proportions, and value for rating purposes.
Strata committee
Strata committee
The owners corporation ordinarily acts through its strata committee, which may comprise up to nine members, appointed under s 29 of the Strata Schemes Management Act 2015 (NSW).
As a general rule, decisions of the strata committee are decisions of the owners corporation (s 36(2) of the Strata Schemes Management Act 2015 (NSW)). However, the Act imposes restrictions on the committee’s powers. Specifically, the committee
cannot make decisions:
(a) that require a unanimous or special resolution of the owners corporation, or
(b) that the owners corporation has resolved to reserve to a general meeting (s 36(3) of the Strata Schemes Management Act 2015 (NSW)).
The owners corporation in general meeting may also continue to exercise any of its own functions under the Act or by-laws (s 36(4) of the Strata Schemes Management Act 2015 (NSW)). Where there is a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails (s 36(2) of the Strata Schemes Management Act 2015 (NSW)).
Feel Free To Reach Out
Get In Touch
We’re here to assist with all strata law matters. Whether you’re an owner, committee member, or developer, our experienced counsel can provide the clarity and guidance you need.
Reach out to discuss your enquiry or schedule a consultation with our team.
- 02 8915 2806
- sec3@wentworthchambers.com.au
- Sydney, Australia