About Strata
Learn more about strata in WA.
When you're ready make a quick enquiry.
- Our Process
- Helpful Information
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss your strata legal issue in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our strata lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your strata lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with strata experience
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
What is Strata generally?
Strata title allows individual ownership of part of a property called a ‘lot’, combined with shared ownership of the remainder, called ‘common property’, through a legal entity called a ‘strata company’. The strata company is an entity which deals with the common property and may acquire and dispose of common property or create and surrender easements or leases. All of the lots and the common property on a strata plan, together with the strata company and bylaws, form what is known as a strata scheme.
Developments that can exist under strata plans include:
- Residential
- Commercial
- Retail
- Mixed use (retail and/or commercial and/or residential)
- Serviced apartments
- Retirement villages
- Caravan parks
- Resorts
- Industrial warehouses
What is a strata lot?
The strata lot is defined by one or more cubic spaces. A lot can be comprised of cubic spaces on various levels of a building and can be above or below the ground.
What is common property?
Common property is all land not shown as part of a lot on a strata plan. It includes part of the land that all lot owners own and use in common. This can include gardens, recreational facilities, access ways and lifts.
This common property is held by the owners of the lots as tenants in common, in shares proportional to the unit entitlement of their lots. It is possible to restrict access to particular parts of common property by granting certain lot owners the right to ‘exclusively use’ specified areas.
What is shown on a strata plan?
A strata plan will generally show the following:
- The boundaries of the original parcel of land.
- The division of a building on the land into separate numbered lots.
- The unit entitlement of each lot
- Details of matters which affect the land comprised in the strata development (e.g. if the land was subject to an easement, details of that easement will be shown on the strata plan).
What are bylaws?
The bylaws are the ‘rules’ applicable to a strata scheme which must be complied with by all owners and occupiers of lots in the scheme. The bylaws are an agreement between the owners of the strata lots, and bind the strata company, the owners of lots, mortgagees in possession and lessees and occupiers of lots or common property.
The standard bylaws ensure that standards of behaviour, building maintenance and management are maintained. Bylaws can be specifically excluded and other bylaws can be added.
Consult a lawyer if you believe a bylaw has been breached, or that a bylaw should be excluded or added.
How do I register a strata plan?
A strata plan will generally show the following:
The process for registering a strata plan and obtaining separate strata titles is a complex matter and requires legal advice.
Strata disputes
Disputes between lot owners or between lot owners and the strata company are determined through the State Administrative Tribunal (SAT). A party in dispute may make an application to the SAT.
In urgent circumstances, applications for an interim order can be made, if the SAT is satisfied on reasonable grounds that the circumstances are in fact urgent. Interim orders last for 3 months or until a formal principal order is made. Interim orders can be renewed for a further 3 months following which they will lapse.
If you have been affected by an order made by the SAT, you may lodge an appeal to the Supreme Court who may affirm, vary or revoke the order made by the SAT, substitute its own order or dismiss the appeal.
Seeking legal advice
If you are having a major disagreement with other owners or with the strata company, a lawyer can assist in resolving the dispute through a range of legal and non-legal processes including negotiation, mediation, tribunal adjudication or through the filing of Court proceedings.
For more information and legal advice regarding strata title, contact us today and we can start to work through your situation together.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with strata experience
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our strata lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with strata experience
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
What is Strata generally?
Strata title allows individual ownership of part of a property called a ‘lot’, combined with shared ownership of the remainder, called ‘common property’, through a legal entity called a ‘strata company’. The strata company is an entity which deals with the common property and may acquire and dispose of common property or create and surrender easements or leases. All of the lots and the common property on a strata plan, together with the strata company and bylaws, form what is known as a strata scheme.
Developments that can exist under strata plans include:
- Residential
- Commercial
- Retail
- Mixed use (retail and/or commercial and/or residential)
- Serviced apartments
- Retirement villages
- Caravan parks
- Resorts
- Industrial warehouses
What is a strata lot?
The strata lot is defined by one or more cubic spaces. A lot can be comprised of cubic spaces on various levels of a building and can be above or below the ground.
What is common property?
Common property is all land not shown as part of a lot on a strata plan. It includes part of the land that all lot owners own and use in common. This can include gardens, recreational facilities, access ways and lifts.
This common property is held by the owners of the lots as tenants in common, in shares proportional to the unit entitlement of their lots. It is possible to restrict access to particular parts of common property by granting certain lot owners the right to ‘exclusively use’ specified areas.
What is shown on a strata plan?
A strata plan will generally show the following:
- The boundaries of the original parcel of land.
- The division of a building on the land into separate numbered lots.
- The unit entitlement of each lot
- Details of matters which affect the land comprised in the strata development (e.g. if the land was subject to an easement, details of that easement will be shown on the strata plan).
What are bylaws?
The bylaws are the ‘rules’ applicable to a strata scheme which must be complied with by all owners and occupiers of lots in the scheme. The bylaws are an agreement between the owners of the strata lots, and bind the strata company, the owners of lots, mortgagees in possession and lessees and occupiers of lots or common property.
The standard bylaws ensure that standards of behaviour, building maintenance and management are maintained. Bylaws can be specifically excluded and other bylaws can be added.
Consult a lawyer if you believe a bylaw has been breached, or that a bylaw should be excluded or added.
How do I register a strata plan?
A strata plan will generally show the following:
The process for registering a strata plan and obtaining separate strata titles is a complex matter and requires legal advice.
Strata disputes
Disputes between lot owners or between lot owners and the strata company are determined through the State Administrative Tribunal (SAT). A party in dispute may make an application to the SAT.
In urgent circumstances, applications for an interim order can be made, if the SAT is satisfied on reasonable grounds that the circumstances are in fact urgent. Interim orders last for 3 months or until a formal principal order is made. Interim orders can be renewed for a further 3 months following which they will lapse.
If you have been affected by an order made by the SAT, you may lodge an appeal to the Supreme Court who may affirm, vary or revoke the order made by the SAT, substitute its own order or dismiss the appeal.
Seeking legal advice
If you are having a major disagreement with other owners or with the strata company, a lawyer can assist in resolving the dispute through a range of legal and non-legal processes including negotiation, mediation, tribunal adjudication or through the filing of Court proceedings.
For more information and legal advice regarding strata title, contact us today and we can start to work through your situation together.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with strata experience
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
