|
The move to medium and high density living in recent times means that people are increasingly dealing with the complexities of living as part of an owners corporation or body corporate, or within community schemes.
Strata living is regulated by government legislation, and also includes taking into account the various complexities of property law and other areas. Disputes within stratas, and between different stratas and other parties, also have to take into account the requirements for stratas and their operations. Mills Oakley's team of experienced lawyers is available to provide practical, easy to understand and up to date advice and representation to owners corporations, strata residents, strata managers and those dealing with stratas, as to how to live and operate in this complex legal environment.
Strata team
Our team can assist in dealing with issues and disputes under strata legislation, as well as advising on the various queries that arise in dealing with day to day issues and decisions.
We pride ourselves on providing prompt and easy to understand advice, with a focus on value for money and practical outcomes where the focus is often on maintaining working or ongoing relationships.
[back to top]
Our Services
Our Strata team provides services to owners corporations, body corporates, strata managers, lot owners (both residents and investors), people dealing with stratas, and service providers to stratas. Establishing, buying and selling stratas Advising and acting for: - Developers and builders in obtaining approvals, drafting agreements and constructing strata and community developments
- Developers in establishing strata plans and community associations, including drafting by-laws and community management statements, and selling strata units (both off the plan and after construction)
- Developers and service providers in dealing with the complexities of setting up and operating the building including drafting asset management contracts for stratas and community schemes for the Initial Period and leading into the first Annual General Meeting
- Developers and owners selling strata units off the plan and after completion
- Purchasers of strata units both off the plan from developers and in completed buildings, including conducting due diligence on the strata being bought into
[back to top] Operating and living in strata
- Advising on the procedural and administrative requirements of operating as a strata, including amending by-laws and the complexities of running Executive Committees, Special General Meetings and Annual General Meetings
- Managing the various assets involved with and owned by stratas and community schemes, including advice in relation to the Initial Period
- Understanding how to deal with community, strata and shared property and facilities within community schemes
- Advising on legal compliance with associated legislative requirements of being or managing a strata or community scheme (including Occupational Health and Safety, GST, Privacy Act, Workers Compensation, Insurance and other issues).
- Advising on liabilities and responsibilities relating to common property and lot property
[back to top] Strata disputes
Assisting parties with disputes relating to stratas including: - Disputes between residents within stratas, between stratas and residents, in commercial, retail and residential scenarios.
- Disputes regarding payment of strata and community levies.
- Disputes involving Strata Managers or service providers to stratas.
- Disputes regarding building and asset management contracts, including those entered into during the Initial Period, for both strata and community schemes.
- Disputes with local government councils and governmental authorities
Strata claims
Assisting parties on all sides involved in: - Advising clients in relation to building defects claims for large strata schemes and community schemes against builders, developers, certifiers, local government councils and other parties
- Providing advice in relation to Insurance claims, including home warranty/domestic building claims
Mills Oakley's wide experience and presence in a number of areas across Australia mean that we are also able to apply expertise in these areas to the benefit of our clients in areas as diverse as tax, property, insurance, banking & mortgages, intellectual property, building & construction and much more. [back to top] Key contacts
Daren Curry
Partner
T: 61 2 8289 5817
F: 61 2 9247 1315
E:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Stephen Aroney
Partner
T: 61 2 8289 5818
F: 61 2 9247 1315
E:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
[back to top]
|
Services