Disputes within Strata Companies

 

At ESM, we assist many strata companies with disputes between residents commonly arising over issues including unauthorised parking of vehicles on common property or in another resident’s car bay, general maintenance issues, unauthorised pets which are causing a nuisance, loud noise complaints (including construction noise), and other issues. Some people tend to go into battle at the first sign of trouble rather than approaching the person or people concerned with the matter and putting forward their case. Some individuals are and will always remain difficult and treat other individuals in an unpleasant way. How they may act to get their point across and to be heard is beyond your control.  However, at ESM we believe you can choose how you respond to them.

It is important to realise that the situation is in most circumstances not personal and that it is vital to have good communication with your neighbours.  The best avenue to take is to sit down together at a mutual location and both sides discuss the matter calmly and come to an amicable solution that would suit you both. Try to reach a resolution before the problem escalates into something it should not.

Schedule 1 and Schedule 2 by-laws are in place to minimise these issues, and it is a requirement of each proprietor and resident to adhere to these by-laws. The elected Council of Owners of each strata company manage and enforce the by-laws. If you believe that a by-law is being breached, you should contact your Council of Owners to discuss the matter further.  If necessary, the Council of Owners can send a letter to the party in breach, outlining the breach, seeking compliance with the relevant by-law(s). In most cases the party in breach is not aware that the by-law existed and that they were in breach of it. If they continue to breach the by-law then the Council of Owners can act to send a formal breach notice.

If the parties can still not come to an amicable solution or they simply refuse to comply or agree, the common courses of action would be to employ a third party representative to assist with mediation.