What is a Strata Dispute? Common Causes and How to Resolve Them

If you own property in Australia, you’ve likely come across the concept of strata. In simple terms, strata involves owning an individual unit, like an apartment, while also sharing ownership of common areas, such as gardens, hallways, or shared facilities.

If you own property in Australia, you’ve likely come across the concept of strata. In simple terms, strata involves owning an individual unit, like an apartment, while also sharing ownership of common areas, such as gardens, hallways, or shared facilities. This type of ownership is especially popular in cities, where convenience and affordability are major drawcards.

 

That said, strata living isn’t always smooth sailing. Disputes can sometimes arise—whether between owners, tenants, or the strata committee—over things like by-laws, renovations, noise complaints, repairs, or pet policies. These disagreements can be frustrating and costly if not managed properly.

 

The good news? Resolving strata disputes doesn’t have to be overwhelming. With the right approach, many common issues can be addressed calmly and efficiently. Here are some helpful tips for handling strata disputes and working toward a fair solution.

 

Most Common Strata Disputes

 

Parking Problems

 

Parking can be a hot topic in strata communities—whether it’s unallocated spots, visitor parking misuse, or disputes over exclusive-use areas. If you're facing issues, start by reviewing the building’s parking bylaws and rules. If that doesn’t clear things up, reach out to your strata manager, a central coast lawyer, committee, or owners corporation. Clear and respectful communication is always the first step.

 

Pets and By-Law Violations

 

Complaints often arise about barking dogs, pets roaming without leashes, or residents keeping unauthorised animals. To handle these issues, check your strata scheme’s pet by-laws. If someone is in breach, try addressing it politely with the pet owner first. If that doesn’t resolve the problem, get in touch with the strata manager or committee for further guidance.

 

Noise Complaints

 

Loud music, late-night parties, or ongoing renovation noise can lead to tension among neighbours. The best approach is to talk things through first—often, people aren’t even aware they’re being disruptive. Refer to your scheme’s noise by-laws if needed, and if the issue continues, escalate it to your strata committee or manager.

 

Maintenance and Repairs

 

Who’s responsible for repairs? How quickly should they be done? Disputes often stem from confusion over maintenance obligations, especially for common property. Start by consulting your scheme’s maintenance plan and bylaws. If disagreements continue, speak with your strata manager or committee to help resolve the matter through proper procedures.

 

Renovation Disputes

 

Renovations can cause conflict, especially when they’re noisy, unapproved, or impact shared spaces. Before starting any work, make sure you and your contractors understand the strata approval process and comply with all relevant by-laws. Open communication with neighbours and the strata manager can go a long way in avoiding disputes.

 

How to Deal with Difficult Strata Owners

Free Professional meeting with lawyer and clients discussing documents in a modern office. Stock Photo

 

Dealing with challenging strata owners requires a calm and thoughtful approach. Begin by engaging in respectful conversation—listen carefully to their concerns, show empathy, and try to understand their perspective. Look for common ground and be willing to compromise where possible. Always refer to the relevant bylaws to support your position.

 

If direct communication proves difficult or unproductive, consider involving a third party to help facilitate a more constructive discussion. Sometimes, having a neutral presence can ease tension and encourage cooperation.

 

What is Strata Mediation?

 

Strata mediation is a voluntary and informal process designed to help resolve disputes within a strata community. An impartial mediator assists the involved parties in having open, structured discussions and guides them toward a solution that works for everyone. It’s a practical way to address conflicts without escalating them into costly legal proceedings.

 

Steps in the Mediation Process

 

Mediation is a structured yet flexible process designed to help parties resolve disputes through open dialogue and mutual understanding. While each case may vary, the typical steps involved include:

 

1. Preparation

 

Before mediation begins, each party gathers relevant documents, considers their key concerns, and identifies what they hope to achieve. This step helps everyone enter the discussion informed and focused.

 

2. Opening Remarks

 

The mediator starts the session by introducing themselves, explaining their role, and outlining how the process will work. This helps establish a respectful and constructive tone.

 

3. Statements of the Problem

 

Each party is allowed to share their perspective on the issues at hand, without interruption. This allows everyone to be heard and sets the foundation for productive discussion.

 

4. Discussion and Clarification

 

The mediator facilitates a deeper conversation about the concerns raised. This stage helps uncover underlying interests, clarify misunderstandings, and build a shared understanding of the problem.

 

5. Negotiation

 

Parties begin exploring possible solutions together. The mediator helps guide brainstorming and ensures the discussion remains balanced, respectful, and solution-focused.

 

6. Reaching an Agreement

 

If both parties come to a resolution, the mediator helps document the terms in a written agreement. This provides clarity and ensures everyone is on the same page moving forward.

 

3 Common Ways to Settle a Dispute

1. Negotiation

 

This is the simplest and most direct method. The parties involved communicate with each other to discuss the issue and try to solve it through compromise and mutual understanding.

 

2. Mediation

 

In mediation, a neutral third party—known as a mediator—guides the conversation and helps the parties work toward a mutually acceptable agreement. It’s a voluntary and non-binding process focused on collaboration.

 

3. Arbitration (Adjudication)

 

Arbitration involves a neutral third party who listens to both sides, reviews the evidence, and makes a final decision. Unlike mediation, the outcome is usually binding, meaning both parties must adhere to the decision made.

 

Informal Ways to Resolve Strata Disputes

 

Not all disputes require formal processes. In many cases, informal methods can lead to a fair and reasonable resolution.

 

For instance, if someone is smoking in a common area despite a bylaw that prohibits it, a polite reminder about the bylaw may be all that’s needed. If the behaviour continues, you can escalate the matter by contacting your strata council or property manager, who can follow up directly with the resident.

 

All strata corporations must enforce their bylaws, and enforcement can vary depending on the procedures in place. In some cases, bylaw-related complaints are handled through the strata property manager.

 

You may also consider attending a strata council meeting to raise your concerns in person. This allows you to present your issue informally, ensuring council members hear directly from you and understand the situation clearly.

 

Alternatively, you can submit your concerns in writing to the strata council. This provides a formal record of your complaint and helps ensure the issue is acknowledged and addressed.

 

Conclusion

 

Strata living can offer convenience, affordability, and a sense of community, but it also comes with its fair share of challenges. Whether it’s disputes over parking, pets, noise, or repairs, understanding your rights and responsibilities is key. By approaching issues calmly, communicating openly, and being aware of available resolution methods, such as negotiation, mediation, and arbitration, you can help maintain a harmonious living environment. 

 

When in doubt, refer to your strata by-laws and don’t hesitate to involve your strata manager or council to ensure matters are handled fairly and efficiently. With the right approach, even difficult disputes can be resolved respectfully and constructively.

 


Andr Ollr

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