Strata dispute: organise the issue before seeking advice

01 / Practical step

Identify the issue and the decision-maker

Write down the affected property, your role and the outcome you want discussed. Distinguish a physical problem from a committee decision, payment demand or alleged breach of a rule. Identify who has communicated with you and in what capacity. If you are enquiring for a committee or corporation, ask what authority the law firm needs before accepting instructions and who its client would be.

02 / Practical step

Assemble the scheme documents

List the by-laws or rules, relevant meeting minutes, notices and correspondence you have. For repairs, include dated photographs and reports already obtained. Keep the document date and the date it came to your attention separate. Ask which additional scheme records are relevant and how they can properly be obtained. A document list is more useful at intake than a large collection of screenshots with no explanation.

• Scheme location and your role
• Relevant notice, decision or meeting minutes
• Applicable by-laws or rules available to you
• Repair records and a chronology of requests

03 / Practical step

Use the correct state pathway

NSW Government guidance describes strata dispute resolution and mediation through NSW Fair Trading for suitable matters. Other states use different bodies and rules. Ask the adviser which process fits your issue and whether any preliminary step is required. Do not assume all disputes can use the same application or that attending mediation resolves separate insurance or building-defect questions.

04 / Practical step

Compare the scope of the proposed assistance

Ask whether the quote covers document advice, correspondence, mediation preparation or tribunal work. If an expert needs to assess a building issue, clarify how that work is separate from the lawyer’s role. Identify who prepares factual material and who communicates with the strata manager. Confirm whether representation at a later stage is included and whether any permission requirements need checking.

05 / Practical step

Illustrative example: a leak and a disputed resolution

An owner reports water entering a unit and also disputes the wording of a meeting decision about repairs. The owner organises photographs and repair correspondence separately from the meeting notice and minutes. The lawyer is asked to identify how the issues should be addressed and what further information is needed. This invented example does not determine responsibility for repairs or the validity of the resolution.

06 / Practical step

Finish with a targeted action list

Ask which immediate practical steps, further records and advice are needed. Record who will make the next contact and how changes in the physical problem should be documented. Where damage is ongoing, tell the adviser and relevant service providers promptly rather than waiting to complete a perfect file. Keep your notes factual and avoid circulating legal advice widely without first asking about confidentiality.