Ever lived in a strata building? Then you know how tense things can get…
Strata living can be brilliant, right? Shared amenities, less upkeep, community vibe. But when things go pear-shaped — parking dramas, noise complaints, renovations gone rogue — it can turn into a real mess. Emotions run hot. People dig their heels in. And suddenly you’re neck-deep in a dispute over whether Barry from Unit 3 can install a jacuzzi on his balcony.
So how do you actually resolve a strata dispute in NSW without losing your sanity?
Let’s unpack it.
First, what's actually a strata dispute?
Good question. A strata dispute is basically any argument or disagreement involving people who live in, own, or manage property within a strata scheme. That could be:
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An owner versus the owners corporation
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A tenant versus another tenant
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A committee member versus a lot owner
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Or anyone in the mix having it out over rules, renovations, repairs, or... honestly, just personality clashes
Thing is, strata living means you're sharing walls, driveways, bins, decisions, and budgets. That’s a lot of chances for friction.
And not all disputes are equal — some are petty and short-lived. Others? They drag on for months, even years, and cost everyone a fortune.
Most common issues? You’d be surprised how often these crop up…
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Renovations – Can I knock out that wall? Install a skylight? What’s "cosmetic" versus "structural"? (Answer: it matters more than you think.)
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Noise complaints – Midnight tap dancing routines, barking dogs, or overly enthusiastic saxophone practice.
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By-law breaches – Like leaving junk in the hallway, hanging laundry on balconies, or smoking in common areas.
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Levies and finances – Disputes over who owes what, or where the money’s being spent.
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Repairs and maintenance – Is that a common property issue, or yours to fix?
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Pet bans or approvals – Fluffy gets people fired up like nothing else.
So... what’s the process for resolving a strata dispute in NSW?
Alright, here's where it gets interesting. NSW has a fairly structured approach to these disputes. But it’s not always linear, and people often skip the early steps — which can make things way harder later on.
Step 1: Talk it out (seriously, don’t skip this)
Might sound obvious, but heaps of people jump straight to threats and lawyers. Doesn’t help.
Start with a calm convo — maybe a quick chat after the next meeting, or a polite written note. Often, it’s a misunderstanding. Or someone didn’t realise they were breaching a rule.
Pro tip: Document that you’ve tried to resolve it informally. If things escalate, this helps your case.
Step 2: Get your facts straight
This is where people trip up. You need to know:
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What the by-laws actually say
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Who's responsible for what (you or the owners corp?)
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Whether there’s already been a vote or decision made
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What previous strata records say about similar issues
You’d be amazed how many disputes come from incorrect assumptions.
Step 3: Put it in writing
If talking didn’t help, time to go formal. Raise the issue with the strata committee or strata manager in writing. Keep it clear, polite, and specific.
Attach any photos, emails, or evidence. And yes, keep copies of everything.
Step 4: Internal resolution attempt (via a meeting)
This might be a general meeting or committee meeting where the issue is discussed. You can speak, present your case, and ask for a resolution.
Sometimes they’ll vote on it. Sometimes it just fizzles out. Either way, it's a step you can’t ignore before external help.
Step 5: Call Fair Trading in
Still unresolved? NSW Fair Trading can step in with mediation.
Now, mediation isn’t about proving who's right — it's about finding middle ground. A Fair Trading mediator will help both parties talk it out in a structured way.
It’s free, confidential, and a lot faster than going to a tribunal.
But fair warning — both parties have to agree to participate.
Step 6: NCAT (when all else fails)
This is the big guns: the NSW Civil and Administrative Tribunal (NCAT). You can apply for a hearing, and they’ll make a legally binding decision.
NCAT hears cases on:
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By-law breaches
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Voting disputes
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Pet ownership refusals
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Repair responsibilities
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Meeting procedures
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And heaps more
They’re not interested in petty neighbour feuds — but if it’s a legit breach or systemic issue, they’ll listen.
Worth noting: NCAT expects you to have tried other steps first. Go in too early and they might toss your case out.
Real-world example? Let’s say…
A couple in a duplex wants to paint their front wall bright red. The owners corp says no — says it affects the building’s uniform appearance. The couple reckons it’s their property, their choice.
They start with a friendly email. No luck. They attend a meeting. Still no. They go to mediation through Fair Trading. Doesn’t resolve it. So, off to NCAT they go — where the tribunal looks at by-laws, architectural guidelines, and ultimately decides in favour of the owners corp.
See how many steps that took? And how evidence and communication played a role?
Emotional side of strata disputes – don’t underestimate it
This bit's often overlooked.
People feel disrespected. Ignored. Or like they’re being bullied by a committee. Others feel they're protecting the building from someone breaking the rules.
It’s not just about fences or paint colours — it’s about identity, community, fairness.
So yeah, it gets emotional. Best advice? Stay calm, document everything, and don't make it personal.
So what does this mean for you?
If you're caught in a strata mess — whether you're a unit owner, tenant, or committee member — take a breath. Don’t go nuclear straight away.
Understand your rights. Know the rules. And don’t be afraid to get advice early.
FAQ
What’s the difference between an owners corporation and a strata committee?
The owners corporation includes all lot owners. The committee is a smaller group elected to handle day-to-day decisions. Think of it like Parliament vs Cabinet.
Can I bring a lawyer to mediation or NCAT?
Yes — but at mediation it’s usually just you and the other party. At NCAT, you may need permission to have legal representation depending on the type of case.
What happens if someone ignores NCAT orders?
They're legally binding. Non-compliance can lead to enforcement action. That said, enforcing orders can be a whole extra process.
Can tenants raise strata disputes directly?
Yes, but only on some issues. Most of the time it’s the landlord (owner) who has to take action, especially for formal applications.
How long does it all take?
Depends. Some disputes resolve in a week. Others take months, especially if they end up at NCAT. Mediation is usually quicker than formal hearings.
Final word? Get advice before things blow up
Strata disputes can spiral fast. If you're stuck, speak to someone who knows the ropes. A property dispute lawyer can help you navigate the law, your rights, and your options without adding fuel to the fire.
Chat to someone like Sachs Gerace Lawyers — they’re well-versed in resolving strata disputes the smart way.
Disclaimer: This article is general information only and not legal advice. For advice tailored to your situation, speak to a qualified lawyer.
