Strata and Community Title Law

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

• Strata and Community Title Law Advice
• Making and defending claims for breach of duty to maintain and repair common property under section 106 of the Strata Schemes Management Act 2015
• Making and defending loss of rent/damages claims
• Making and defending claims for unauthorised works to common property
• Making and defending claims for compulsory strata management under section 237 of the Act
• By-law disputes
• Making special by-laws
• Building Defects claims and construction
• Litigation and Dispute resolution
• Strata Development, Strata Plans of Subdivisions, Strata Plans of Consolidations

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

Pobi Lawyers is a specialist strata law firm in Sydney’s CBD which is committed to providing a high level of service to owners corporations, strata managers and lot owners in 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 our range of practice areas.

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
• Drafting NCAT Strata Applications
• Drafting special by-laws, 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 motions to add to, to alter and to erect new structures on common property under section 108 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 of common property and licence agreements over common property
• Advices on by-law enforcement issues
• 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 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 issue
• Advices on Strata Management Statements and Community Management Statements
• Drafting Strata Management Statements and Community Management Statements
• Preparing consolidations of By-laws into MS Word format

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 corporations, strata committees and lot owners 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:

• Making and defending claims for breach of Section 106 of the Strata Schemes Management Act 2015 (Duty to Maintain and Repair Common Property)
• By-law disputes
• Claims for invalidating By-laws
• Making and defending claims for compulsory strata management under section 237 of the Strata Schemes Management Act 2015
• Making and defending claims for unauthorised works to common property
• Making and defending loss of rent/damages claims in NCAT
• Making and defending claims involving pets, smoking, noise, breaches of by-laws, compulsory appointment of strata managing agents and a wide range of other orders
• Making and defending applications for Interim Orders
• Appearing for owners corporations and lot owners at interim hearings and final hearings at NCAT
• Applications for a renewal or revocation of an Interim Order
• Advices on prospects of success of bringing and defending NCAT appeals regarding strata disputes
• 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

Strata Development

• Strata plans of subdivision
• Strata plans of consolidation
• Developer by-laws
• Transfers Granting Easements
• Drainage Easements

Property Law Disputes

• Section 88K easement advice and disputes
• Property disputes involving sale and purchase of land, leases, licenses, easements, trespass and nuisance
• Access to Neighbouring Land disputes
• Encroachment to Land disputes
• Dividing Fences Act disputes
• Retaining Wall disputes and advice
• Trees disputes arising under the Trees (Disputes Between Neighbours) Act 2006
• Trespass to land
• Private Nuisance disputes
• 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
• Council orders

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 and related areas.

Welcome to our strata law firm, and thank you for considering our services. We know how crucial it is to find the right legal representation, and we are here to help make that process easier for you. 

Please note, however, we do not offer free consultations. In-depth analysis and legal advice form part of our professional services, for which we charge. We offer high-quality advice and service to all of our clients, and this practice helps us maintain our high standards.

While there may be exceptions on occasion, we find it essential to establish these expectations upfront to foster a successful working relationship from the get-go. We are excited at the prospect of assisting you through your legal journey, and we look forward to exploring how best we can serve your needs.

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

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