Strata and Community Title Law

Welcome to Pobi Lawyers, a leading specialist in strata law and strata litigation based in Sydney CBD. We provide expert legal services in strata law, with extensive experience in property law disputes, breach of contract claims, nuisance and negligence claims, and Australian Consumer Law (ACL) matters. Our comprehensive legal advice and representation are tailored for owners corporations, lot owners, strata committees, strata managers, developers, community associations, and building management committees (BMCs) across New South Wales. 

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.

We are committed to delivering our clients high level specialist legal services across our range of practice areas.

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

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 and amending Strata Management Statements and Community Management Statements

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:

• Claims under section 106 of the Strata Schemes Management Act 2015 (“SSMA”) for failure to repair and maintain common property.
• Loss of rent and damages claims due to common property defects.
• Disputes over unauthorised works to common property.
• NCAT strata applications and appeals, including compulsory strata management orders under section 237 of the SSMA.
• Disputes involving the removal of strata committee members and officeholders under section 238 of the SSMA. 
• Applications to change unit entitlements in the scheme. 
• By-law disputes, including claims for unreasonable refusal of by-laws under section 149 of the SSMA and invalidating by-law under section 150 of the SSMA.
• Disputes over pets, noise, smoking, short-term letting, and by-law breaches.
• Representation in NCAT hearings for interim and final orders, including appeals to the Appeal Panel.
• Making and defending applications for Interim Orders under section 231 of the SSMA.
• Appearing for owners corporations and lot owners at interim hearings and final hearings at NCAT.
• 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 of the Conveyancing Act 1919 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.
• Retaining Wall disputes and cost sharing issues between neighbours.
• Trees disputes arising under the Trees (Disputes Between Neighbours) Act 2006
• Trespass to land.
• Private Nuisance disputes.
• Assistance preparing for expert determinations and appeals.
• Advice on the validity of dispute resolution clauses.
• Declarations.
• Termination of strata agency agreements/caretaker agreements.

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.

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.

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