Strata and Property Dispute Lawyers

Strata title is a form of land ownership in Western Australia that applies to multi-unit/apartment buildings. Under a strata title, each unit owner holds a title to their specific unit/apartment (also known as a ‘lot’), as well as a share in the common property.

The common property includes any land or amenities that are shared by all of the strata lots, such as gardens, car parks, and recreation facilities.

In Western Australia, strata title properties are regulated by the Strata Titles Act 1985 (WA). This act sets out the rules and procedures for creating and managing strata schemes. It also defines the rights and obligations of strata owners, strata companies and councils and strata managers.

Purchasing a strata titled property can provide an affordable way to purchase a property or your own home, as well as providing a sense of community and security.

The Strata Titles Act 1985 (WA) was amended on 1 May 2020, to amongst other things allow strata schemes to use modern communication technologies, such as video conferencing, to hold meetings. This amendment has made it easier for strata owners and committees to conduct business without having to physically meet.

If strata owners or strata companies are involved in a dispute, they have the option to take their dispute to the State Administrative Tribunal. Our Perth strata lawyers can assist you with all aspects of strata titles law, including advising on strata disputes, and applications to the State Administrative Tribunal.

Disputes between a strata lot owner and a strata company are not uncommon in Western Australia. Strata disputes can occur for a number of reasons, with some of the most common causes of these disputes being:

• by-law breaches
• maintenance and repair issues
• strata fees
• council decisions and special levies
• noise or other forms of disturbance
• damage or Infringements on common property

In many cases, these disputes can be resolved through negotiation. However, in some cases, they may require the involvement of the State Administrative Tribunal.

Lewis Kitson Lawyers are strata and property law specialists, with a highly experienced team that can provide sound legal advice on all aspects of strata title ownership.

If you are a strata title owner, our lawyers can help you protect your rights and resolve any problems you may be facing.

We understand the unique challenges that strata title owners face and, are committed to providing expert legal assistance and representation to ensure the best possible outcome for our clients.

We have extensive experience handling all aspects of strata law, from drafting and reviewing strata title by-laws to representing strata companies in disputes and litigation. If you are a strata company, our lawyers can help you understand your legal obligations and manage strata disputes.

Our goal is to ensure that our clients are always compliant with their legal obligations and are able to effectively resolve any strata-related issues that may arise.

Lewis Kitson Lawyers provides advice and representation to strata companies and individual owners with respect to strata title disputes and litigation. Strata living has many advantages, however, problems can occasionally arise which become a cause of conflict between individual owners and the strata company.

When disputes cannot be resolved between the parties to the dispute, the next step is generally to commence proceedings in the State Administrative Tribunal.

Lewis Kitson Lawyers has a wealth of experience in appearing before the State Administrative Tribunal on behalf of strata title owners and companies. We can assist you with all aspects of strata titles law, by-laws, strata disputes, and applications to the State Administrative Tribunal.

Western Australia’s State Administrative Tribunal is the body that deals with disputes between strata title owners and companies. The State Administrative Tribunal can make a variety of orders, including in relation to the enforcement of by-laws, the validity (or invalidity) of by-laws and the amendment of scheme documents.

The State Administrative Tribunal is an independent body established to make the legal process more efficient.

The State Administrative Tribunal’s approach is informal and transparent, meaning both parties are encouraged to reach a resolution without the need for costly and time-consuming legal proceedings.

If you are involved in a strata dispute, it is important to seek legal advice as soon as possible. Our strata title lawyers have extensive experience in strata titles law and can provide you with sound legal advice and representation.

Lewis Kitson Lawyers understand the unique challenges that strata title owners face and are committed to providing expert advice and representation to ensure the best possible outcome for our clients.

Our lawyers can also advise on strata matters such as your rights and obligations as a strata owner under the Strata Titles Act 1985 (WA).

Our strata lawyers have extensive experience handling all aspects of strata law, from drafting and reviewing strata title by-laws to representing strata companies in disputes and litigation.

Our goal is to ensure that our clients are always compliant with their legal obligations and are able to effectively resolve any strata-related issues that may arise. Whether you need assistance with drafting by-laws or are involved in a complex strata dispute, we are here to help.

Lewis Kitson Lawyers provides sound legal advice to strata companies with respect to their ongoing obligations under the Strata Titles Act 1985 (WA), their governing rules and representation for strata title disputes, State Administrative Tribunal proceedings and litigation.

We have a team of experienced strata lawyers who can assist strata companies with a broad range of strata law matters.

Strata by-laws are rules that must be complied with by all strata owners, tenants and the strata company. By-laws aim to make strata living fairer and minimise disputes.

Strata schemes are governed by a set of by-laws that establish the conduct and governance standards in the strata scheme.

The bylaws often cover the following areas:

• How the strata company is run
• Pets and animals
• Noise levels
• Parking
• Use of common property
• Insurance
• Management of the common property

By-laws help to ensure the proper management of strata title properties and may be changed, removed, or created by the strata company from time to time. Our strata lawyers can assist in drafting and reviewing by-laws, by-law breach notices and other strata documents.

By-laws usually contain provisions relating to how the common property will be managed, and what restrictions will be placed on lot owners with regards to their use of the property. By-laws must be registered with Landgate and can only be amended in accordance with the Strata Titles Act 1985 (WA).

Consolidating strata by-laws is the process of gathering all the current strata by-laws of a strata scheme into one document.
We can provide expert advice on the consolidation of by-laws to strata companies.

We will liaise with the strata company and/or strata managers to ensure that the consolidation of by-laws is completed in a timely and efficient manner.

If a strata company wishes to make, amend, or repeal any by-laws, it will first need to complete the consolidation process.

Assuming the consolidation process has been completed or is being compiled together with the new, amended or repealed by-laws, then the draft new, amended or repealed by-law will need to be:

• checked to ensure the new, amended or repealed by-law is not invalid
• classified as either a ‘governance’ or ‘conduct’ by-law
• tabled for a vote by the members of the scheme (noting the above different standard of vote required for ‘governance’ and ‘conduct’ by-laws)
• registered within three months from the closing date of voting.

We understand there is a lot to navigate when it comes to strata title properties, law and strata disputes, which is why our experienced and qualified lawyers are here to help.