Strata Renewal and Strata Law
Strata law is an evolving practice area which has been subject to several changes introduced in November 2016, including the ability for owners to redevelop or collectively sell their schemes following a 75% majority utilising the process of ‘Strata Renewal’.
Strata renewal is a procedurally complex area – that is, there are many legislative requirements that must be carried out (including required meetings, and development of associated documents and the strata renewal plan) prior to a matter reaching the Land and Environment Court for determination.
Proceedings for strata renewal are commenced in Class 3 of the Court. The team at Project Lawyers has extensive experience in both strata law and class 3 proceedings in the Land and Environment Court relating to the compulsory acquisition of properties and businesses, which has uniquely equipped us to provide industry leading advice to lot owners, owners corporations and developers on the intricacies of strata renewal plans and strata renewal proceedings in the Land and Environment Court.
These types of matters will incorporate the procedures set out in the Strata Schemes Development Act 2015 (NSW) (the Act) and provision for compensation value determined in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), subject to the modifications prescribed by the regulations.
Importantly, the Act provides that if a strata renewal proposal or strata renewal plan lapses under Part 10 of the Act, a person cannot give the proposal, or another strata renewal proposal that is substantially similar to that proposal, to an owners corporation within 12 months after the day the proposal or plan lapses.
We also provide expert advice and services in other legal matters relating to strata schemes, including the following:
- Building defects and building alterations
- Appeals in relation to strata certificates and strata development contracts
- Strata related disputes and litigation
- Development and termination of strata schemes
- Management of strata schemes
- Matters involving the strata committee or building management committee
- Common Property exclusive use rights
- Development rights during the ‘Initial period’
- Strata Management Statements
- Common property repair works
- Meeting procedures, voting and unit entitlements