Recent Strata Scheme Issue – Be Informed - When there are circumstances that may lead to a dispute or hopefully resolution, you need to consider all issues and alternatives promptly and take action. Recent circumstance including water ingress issues.

02/04/2026

Watson & Watson are experienced Lawyers who have continually for many years, advised Strata Schemes/Owners Corporations, Strata Managers and Lot Owners in relation to strata issues and Builders and Homeowners in relation to building issues.

Due to changes in the law recently and in the last few years, there are numerous cases dealing with strata issues and building issues and having regard to this, you need to consider the facts of your matter and all possible alternatives.

We refer to various recent Articles following the changes to the Strata Schemes Management Act 2015 allowing claims by Lot Owner as a result of the failure of the Owners Corporation’s to repair and maintain common property.

Recently Watson & Watson were approached by a Lot Owner in relation to water ingress issues in the Strata Complex. We requested a 3 page summary and thereafter, reviewed the summary and a few critical documents. The resolution and alternatives available to either the Lot Owner or the Owners Corporation are not as simple as most people would expect.  We prepared a List of Matters to be discussed in the first conference, having regard to the factual matters relating to this particular case.  These included various sections of the Strata Schemes Management Act including Section 106 (1), (2), (5) and (6) relating to obligations of the Owners Corporation to maintain and keep in good repair common property

1.1.           Jurisdiction – NCAT / Courts relating to various available claims

1.2.           Part Parcel Strata & Strata Management Statement

1.3.           Leasehold Strata

1.4.           The Design Building and Practitioners Act 2020 and other various Acts

1.5.           Limitation periods

1.6.           Mediation – Department of Fair Trading requirements, benefits, including a possibility of a resolution and alternatives, if not resolved

1.7.           Requirements relating to evidence

1.8.           Need to look at the cost/benefit of actions and inactions

In this case, we reviewed the factual matters, list of matters for discussion and other matters and discussed these matters with our client in relation to the issues that might arise.

At Watson & Watson our experienced Strata Lawyers can assist Strata Schemes, Strata Managers and Lot Owners to understand the law and available alternatives and attempt to resolve disputes in all matters pertaining to Strata Schemes whether they are residential or commercial.  Do not delay. Please contact Richard Watson, Law Society Accredited Specialist in Commercial Litigation in the stream of Building and Construction or by contacting his Personal Assistant Shereen Da Gloria to discuss your important matter and obtain timely advice.

The above in our view, is not based on your particular factual matters and it is critical that one considers the factual matters and the law that applies to your circumstances. The above is not to be taken as legal advice to be relied upon, without first contacting Richard Watson as referred to above.

This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Lawyers on 9221 6011.