Disputes Between Adjoining Strata Schemes – What Can I Do?
At present, section 139(1) of the Strata Schemes Management Act 1996 (“SSMA”) states that an Adjudicator may make an order to settle a dispute between 2 strata schemes if the strata schemes concerned are contiguous and the matter in dispute is not regulated by or under any other Act.
Section 139 of the SSMA also states that an application for an order under this section may be made only by an owners corporation for a strata scheme involved in the dispute and that an order must not be made under this section unless the owners corporation for the other strata scheme involved in the dispute consented to the making of the application for the order.
Given that the majority of strata scheme disputes involve neighbouring strata schemes in relation to issues such as damage caused by fallen trees, the failure to remove tree roots, defective retaining walls and dividing fences, it may be argued that these types of dispute are best dealt with under the laws relating to tree disputes (under the Trees (Disputes Between Neighbours) Act 2006) and dividing fences (under the Dividing Fences Act 1991).
However, what if the dispute between 2 strata schemes involves a defective retaining wall and there is no dividing fence or tree dispute issue attached to the dispute? It is submitted that such disputes are appropriate for determination by an Adjudicator in NCAT, however, it would be convenient if the legislation were amended so that the consent by both strata schemes be eliminated.
If you require any advice on the issues raised in this article, please feel free to contact our specialist strata lawyer Michael Pobi on (02) 8710 3430.
Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely on it.
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