Areas of Expertise

Strata and Community Title Law and Strata Disputes

Pobi Lawyers provide specialist strata law advice and services in the following areas of law:

  • Advices on the law of strata and community title
  • NCAT Strata Application and Appeals
  • Drafting simple and complex strata by-laws including special privilege and exclusive use by-laws
  • Strata and Community Title Litigation
  • Strata levy recovery

Pobi Lawyers is an established and respected specialist strata law firm conveniently located in Sydney  

Lawyers is a specialist strata law firm in Sydney’s CBD which is committed to providing a high level of strata and community title law advice and services to the strata industry. With our technical proficiency and direct client-lawyer communication we ensure that our clients’ legal requirements are met. The firm’s principal Michael Pobi is well regarded for his personal service and specialist advice which genuinely add value. As Pobi Lawyers continue to grow, we are committed to delivering our clients high level specialist legal services across a range of strata title law matters.

Strata and Community Title Law

We have in-depth experience in the following areas:

  • Advices on Strata and Community Title Law
  • Advices on Company Title Schemes, Memorandums of Association and Articles of Association
  • Drafting simple and complex strata by-laws and community management statement by-laws- Here is a sample no smoking by-law Sample No Smoking By-Law
  • Drafting Strata Applications- Here are sample orders to appoint a compulsory strata managing agent to an owners corporation Sample Orders to Appoint Compulsory Strata Managing Agent
  • Drafting common property rights by-laws, exclusive use and special privilege by-laws under sections 141 and 143 of the Strata Schemes Management Act 2015
  • Drafting a range of by-laws under sections 141 of the Strata Schemes Management Act 2015
  • Drafting, amendment and repeal of simple and complex by-laws
  • By-law auditing and reviews, advice on validity of by-laws, updating by-laws as required by owners corporations
  • Drafting leases and licence agreements over common property
  • Advices on by-law enforcement issues
  • Advices on Strata Management Statements and Community Management Statements
  • Drafting and amending Strata Management Statements and Community Management Statements
  • Advices on meeting procedures, proxy requirements, motions and resolutions
  • Advices to Building Management Committees
  • Grants of rights of use or development of lots or common property e.g. easements, leasing, licensing and by-laws
  • Advices on defamation issues in strata schemes
  • Advices on strata management agency agreements and amending strata management agency agreements
  • Advices on the validity and effect of dispute resolution clauses
  • Advices on the termination of strata management agency agreements/caretaker agreements
  • Drafting, negotiating, amending and terminating caretaker agreements, building management agreements and strata management agency agreements
  • Advices on changes of use, development applications and owners corporation’s consent issues

Strata and Community Title Law Disputes

We understand that disputes in strata schemes can be some of the most stressful and costly for lot owners to deal with and often requires an in-depth understanding of complex strata law issues and the political climate in which the scheme is operated.  We often advise owners and owners corporations through difficult situations and our objective is to assist you reach a strategic and the best possible outcome.

We have in-depth experience in the following areas:

  • Drafting NSW Fair Trading mediation applications
  • Attending NSW Fair Trading mediations
  • Drafting and responding to Strata Applications/Orders in NCAT (formerly the CTTT) involving keeping of pets, smoking, noise, breaches of by-laws, compulsory appointment of strata managing agents, breach of an owners corporation’s duty to maintain and repair common property and a wide range of other orders.
  • Applications for an Interim Order and Stay of NCAT Proceedings
  • Applications for a renewal or revocation of an Interim Order
  • Advices on prospects of success of NCAT appeals
  • Appeals of a Tribunal’s decision to NCAT’s appeal panel
  • Appeals of an NCAT appeal panel decision on questions of law
  • Drafting and responding to applications for Penalty Proceedings
  • Declarations to invalidate by-laws in the Supreme Court of NSW
  • Claims for damages for trespass and nuisance to lot and common property
  • Claims for re-instatement of common property and breaches of by-laws
  • Commercial and contractual disputes involving breach of contract and termination

Property Law Disputes

    • Property disputes involving sale and purchase of land, leases, licenses, easements, trespass and nuisance
    • Dividing Fences Act disputes arising under the Dividing Fences Act 1991 including retaining walls
    • Trees disputes arising under the Trees (Disputes Between Neighbours) Act 2006 see The Owners – Strata Plan No. 53809 v The Owners – Strata Plan No. 10622 [2012] NSWLEC 1022 Land and Environment Court of NSW
    • Injunctions to restrain trespass to land, defamation and noise
    • Preparation of settlement deeds
    • Assistance preparing for expert determinations and appeals
    • Advice on the validity of dispute resolution clauses
    • Declarations
    • Termination of strata agency agreements/caretaker agreements
    • Encroachment to Land disputes

Pobi Lawyers have a network of professionals including valuers, architects, surveyors, quantity surveyors, structural engineers and builders whose involvement in resolving strata law disputes is sometimes needed.

Michael Pobi is dedicated to continuous legal education in strata law. In October 2014, Michael Pobi presented a seminar to iCLE titled “Strata By-Laws 101” which is directed towards property lawyers, general lawyers, strata managing agents, executive committees and lot owners.  A link to this online seminar can be found here Strata By-Laws 101 .  Due to popular demand, Michael again presented an online webinar for property lawyers via CPD for Me in March 2015 and in March 2017.

Recent cases: 

  • Acting for the successful owners corporation in obtaining consent orders at the final NCAT hearing for the removal of 2 dogs in a strata scheme
  • Acting for the successful owners corporation defending against a lot owner’s application for compulsory management
  • Successfully obtained NCAT orders for lot owners for compulsory strata management
  • Costs and extensions of time – Blair v The Owners-Strata Plan No 71656 and Mitchell [2016] NSWCATCD 8
  • Advised the owners corporation and successfully prepared its defence and legal submissions which led to lot owner’s appeal being dismissed – Gelle v Owners Corporation Strata Plan 55966 and Strata Plan 85816 [2015] NSWCATCD 100
  • Obtained consent orders in a tree dispute – The Owners – Strata Plan No. 53809 v The Owners – Strata Plan No. 10622 [2012] NSWLEC 1022
  • Acting for successful lot owners obtaining NCAT orders to rectify defective common property
  • Acting for successful lot owners in obtaining NCAT orders for unreasonable refusal of bylaws

Michael is also an active contributor to LookUpStrata providing legal articles of interest in strata law.

We act for lot owners, owners corporations, strata committees, community associations, members of building management committees, strata managing agents and property lawyers.  

To arrange an appointment with Michael Pobi, please contact us on (02) 8324 7565

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