Life in Australia Guide

Buying or renting an apartment or townhouse in Australia is not just about getting 'a home' — it means becoming a member of a building community (scheme). The part each household owns exclusively is the lot, and the parts everyone shares — external walls, the roof, corridors, lifts, gardens, the car park driveway — are common property. Common property is owned and managed jointly by all owners; the money collected to manage it is the levies, and the rules for living together are the by-laws. Once you understand this structure, it naturally explains 'why I need approval for work on my own balcony' and 'why people argue over who pays for a leak repair'.

Levies are usually split into two pockets. The administrative fund covers day-to-day running costs such as insurance, cleaning, common area electricity and management fees, while the capital works fund (the NSW name — sinking fund in QLD, maintenance fund in VIC) is money set aside for long-term works such as painting, waterproofing and lift replacement. Notices are usually issued quarterly, and the amounts are voted on by owners each year at the general meeting together with the budget.

By-laws are the registered rules of each scheme, covering noise, parking, rubbish disposal, use of common property, changes to the external appearance and more. They differ from complex to complex, so always check a copy before moving in or buying. The important point is that tenants are also bound by the by-laws — they apply to everyone living in the building, separately from the tenancy agreement.

• Pets — blanket pet-ban by-laws are losing their force through case law and legislative amendments in NSW and elsewhere, but this varies by state, so don't assume; check your state's official site together with your scheme's approval process.
• Noise, parking and balcony smoking — the three classic strata complaints. Checking whether visitor parking is allowed and whether balcony smoking is restricted before you move in can prevent conflict.
• Renovation approval — in NSW, works are divided into cosmetic work (no approval needed), minor renovations (ordinary resolution) and major renovations (special resolution). Names and procedures vary by state, so always obtain written approval before starting work.

The most common strata disputes are over where repair responsibility lies. The principle is simple — the scheme (owners corporation/body corporate) is responsible for common property, and the lot owner is responsible for what's inside the lot. The boundary is determined by the registered strata plan, and the more ambiguous the case, the more important it is to first pinpoint the location of the cause using the plan and an expert report.

Strata dispute resolution is designed as a staged process — internal resolution → state agency mediation → tribunal. For many matters, a tribunal application won't be accepted, or may be rejected, unless you attempt mediation first — so following the order is itself the strategy.

• Secure your records first — collect photos, dates, written correspondence and general meeting minutes. Verbal complaints won't count as evidence in later stages.
• Internal complaint — raise the issue in writing with the committee or strata manager, and if needed, request that it be put on a general meeting agenda or that a notice to comply be issued.
• State agency mediation — use Fair Trading mediation in NSW, Consumer Affairs Victoria in VIC, or the Body Corporate Commissioner's conciliation in QLD. These are free or low-cost.
• Tribunal order — if mediation breaks down, apply to NCAT in NSW or VCAT in VIC; in QLD, proceed to the Commissioner's adjudication (with QCAT if you disagree with the outcome). Orders are legally binding.
• Tenants: know your track — repairs inside the lot and rent issues go through the tenancy process (via the landlord), while by-law matters go through the strata process. Work out which track applies first.

These are the typical patterns that cost people money and time in strata living. Most can be prevented by checking in advance and keeping everything in writing.

• Signing a purchase contract without a strata report — it's common to discover only after signing that the fund is depleted and a large special levy is already on the cards. Inspecting the records before the contract is essential.
• Moving in without reading the by-laws — many people receive a notice to comply in their first month because they didn't know the pet, visitor parking or balcony smoking provisions. Tenants are no exception.
• Unauthorised renovations — doing bathroom or flooring work without approval can result in an order to restore the original condition, and if a waterproofing defect arises, you carry that liability too.
• Withholding levies in protest — interest and recovery costs accrue and your voting rights can be restricted, leaving you worse off. Raise objections through general meeting questions and the mediation process instead.
• Skipping steps — going straight to the tribunal without an internal complaint or mediation can get your application rejected, and emotional responses become part of the record and can work against you.