Disputes between strata owners are typically resolved through a process governed by the Strata Schemes Management Act 2015. The first step in resolving a dispute is usually internal to the scheme. Owners or residents involved in a dispute should attempt to resolve it directly with each other or by seeking advice from the strata manager.
Depending on what the dispute relates to, the strata manager may consult with the committee and if appropriate issue a by-law breach letter to the offending owner or resident. The breach letter will outline the relevant by-law and the expectation in regard to future behaviour.
If the internal dispute process fails then the next step is mediation. This involves engaging a neutral third party, such as the NSW Department of Fair Trading’s free mediation service for strata owners and residents. Mediation is voluntary, and all parties must agree to participate.
Should mediation prove unsuccessful or not be pursued, the matter may proceed to the NSW Civil and Administrative Tribunal (NCAT) where an adjudicator will review the evidence and make a legally binding decision to resolve the dispute.