How to Avoid Most Common Strata Disputes

Regardless of how great Australian strata living is, people are people, and at some point, disputes are bound to happen. Most Australian strata communities have a set of by-laws that serve as a way to protect residents, to ensure that everything regarding strata is running smoothly and that there are no disputes. Alas, even with by-laws in place, disputes still arise.

There are several reasons why disputes occur even with by-laws in place. Some of the most common reasons include misunderstanding by-laws and conflicting views of owners who live in close living arrangements of strata communities.

So, how to avoid these strata disputes or how to best deal with them? Here are the answers that will make everything clear.

Most typical types of disputes

The first step in successfully avoiding or dealing with strata disputes is understanding the most typical types of disputes. They include pets, parking, passive smoking, noise, and parties, to name a few.

When it comes to pet disputes, people complain about dogs barking and animals on common property. However, according to by-laws of most strata schemes, pets are permitted subject to body corporate approval.

Parking disputes are usually related to visitors using the visitor parking spots well over the allowed time, permanent residents using visitor parking spots, or parking in a neighboring resident’s space. The by-laws state that a vehicle can be towed if there was a breach of the strata by-law. Of course, the body corporate has to give due notice of the towing so that the owner of the car can move the vehicle.

Best dispute resolution practices

If or when a dispute arises, the solution is to find the best way to resolve the issue. Some of the best dispute resolution practices include being fast and resolving issues before they escalate. Then, it’s best if you’re fair and transparent – involve everyone who needs to be involved to best resolve the issues and try to be as clear and transparent as possible.

It goes without saying that every dispute should be handled with sensitivity and confidentiality. In the end, all the parties involved will still be living in the same strata.

Having a good strata management company can also help prevent or resolve many disputes before they become blown out of proportion. For example, if your strata are in Sydney, hire a reputable strata management Northern Beaches who can help you resolve every problem before it escalates.

How to easily resolve your strata disputes

1. Understand a dispute

To resolve the dispute as soon as possible, you should understand the dispute itself. Gather facts and thoroughly check all the by-laws to see if you understand everything correctly.

2. Talk to the other party

Try talking with your neighbors to see if you can resolve the dispute through open communication. If your strata scheme has an internal dispute resolution process in the by-laws, resolving the dispute will be fast and painless.

3. Approach strata council

Sometimes involving the strata management and council of owners will be inevitable. Speak with your strata manager and contact your strata’s council of owners. You can even write to the strata company and request that the matter of your dispute be put on the next meeting agenda. The dispute can be resolved by a resolution of the strata company.

4. Mediation

Mediation is also a good method to resolve the dispute if everything else fails.

5. The State Administrative Tribunal

If the issue continues to be unresolved, as a last resort, you should apply for the State Administrative Tribunal. The SAT is bound to resolve the dispute one way or another.

 

Sometimes, avoiding disputes is impossible. Even if you do your best to avoid problems with your neighbors, you never know how the other person may react. Ultimately, the best you can do is try to thoroughly understand your strata’s by-laws and stick to them as much as possible.