Strata Mediation Scenarios: Resolving Conflicts in Your Strata Property

Your strata manager plays a vital role in the administration and maintenance of your strata scheme. However, disagreements can arise regarding their performance, responsibilities, or communication.

Common Issues We Mediate:

• Communication Breakdown: Lack of responsiveness, unclear communication, or perceived unhelpfulness from the strata manager.
• Maintenance & Repairs: Disagreements over the timeliness, quality, or priority of common property maintenance and repairs (e.g., leaky roofs, lift breakdowns, garden upkeep).
• Financial Management Concerns: Questions or disputes regarding levies, budgeting, financial reporting, special levies, or unauthorised expenditure.
• Enforcement of By-Laws: Perceived inconsistent or unfair enforcement of by-laws by the strata manager.
• Contractual Issues: Disputes related to the terms of the strata management agreement or perceived breaches of their duties.
• Lack of Transparency: Concerns over access to records, meeting minutes, or financial information.

How Mediation Helps: We can facilitate discussions between lot owners (or the Council of Owners) and the strata manager to clarify roles, address grievances, improve communication protocols, and ensure the strata scheme is managed effectively and transparently. By fostering a collaborative environment, we work to rebuild trust and establish a productive relationship, where all parties feel heard and valued. Our mediation process empowers participants to explore creative solutions that are tailored to their specific needs, ultimately enhancing the overall harmony within the strata community.

The Council of Owners, often referred to as the Strata Council or Executive Committee, is responsible for making crucial decisions for the strata community. Disputes can arise when the lot owners feel at odds with the Council regarding its decisions, actions, or compliance with the Strata Titles Act 1985 (WA) and associated by-laws.

Common Issues We Mediate: 01

• Governance & Decision-Making: Conflicts over resolutions made (or not made) by the Council, accusations of bias, or perceived opacity in decision-making processes.
• By-Law Amendment & Enforcement: Disputes related to the introduction, modification, or enforcement of by-laws.
• Financial Management Issues: Contentions regarding expenditure, allocation of special levies, or refusal to finance essential repairs.
• Conflicts of Interest: Concerns regarding the personal or financial interests of Council members in their decisions.
• Procedures for Meetings: Problems associated with how meetings are conducted, including insufficient notice or exclusion of agenda items.
• Management of Common Property: Discontent with the Council's management and upkeep of shared spaces.

9The Council of Owners, often referred to as the Strata Council or Executive Committee, is responsible for making crucial decisions for the strata community. Disputes can arise when the lot owners feel at odds with the Council regarding its decisions, actions, or compliance with the Strata Titles Act 1985 (WA) and associated by-laws.

Living in close proximity can sometimes lead to friction. These disputes, while often seemingly minor, can significantly impact daily life if left unaddressed.

Common Issues We Mediate:

• Noise Disturbances: Excessive noise from renovations, parties, pets, or everyday living (e.g., loud music, footsteps, children playing) at unreasonable hours.
• Pet-Related Issues: Unauthorised pets, noisy animals, pet waste, or pets causing damage to common property.
• Parking Disputes: Disagreements over allocated parking bays, visitor parking, vehicles blocking access, or parking on common property.
• Use of Common Property: Conflicts regarding shared facilities (e.g., BBQ areas, pools, gyms), storage on common property, or exclusive use areas.
• Appearance of Lots: Disputes over modifications to individual lots that impact the overall aesthetic of the strata scheme, such as unauthorised installations (e.g., air conditioners, antennas) or changes to balconies.
• Smoking/Vaping: Issues related to smoke drift impacting neighbouring lots, particularly in apartments or shared spaces.
• Boundary Disputes: Disagreements over the exact boundaries of private lots versus common property.

How Mediation Helps: We provide a neutral space for neighbours to openly discuss their concerns, understand each other's perspectives, and collaboratively find practical solutions that respect the by-laws and promote peaceful co-existence.

Sometimes, conflicts affect a broader group of owners or the entire strata company, often stemming from significant decisions or changes within the scheme.

Common Issues We Mediate:

• Major Renovation or Maintenance Projects: Disagreements over the necessity, scope, cost, or contractor choice for large-scale projects affecting common property.
• Special Levies: Disputes over the amount, purpose, or method of collecting special levies for unexpected expenses or major works.
• By-Law Changes: Significant disagreements over proposed changes to the scheme's by-laws that impact many residents.
• Insurance Matters: Conflicts regarding insurance coverage, claims, or premium allocations.
• Shared Facilities Access/Use: Widespread disagreement on rules or access to shared amenities.
• Collective Sale or Redevelopment: Complex issues arising when a strata scheme considers a collective sale or redevelopment.

How Mediation Helps: We can facilitate large-group discussions, ensuring all voices are heard and guiding the collective towards consensus or an agreed-upon path forward, often preventing costly and divisive legal battles.

Regardless of the scenario, mediation offers significant advantages over adversarial legal processes:

• Cost-Effective: Generally less expensive than legal proceedings at the State Administrative Tribunal (SAT) or courts.
• Time-Saving: Resolutions can be achieved much faster than through formal legal avenues.
• Confidentiality: The mediation process is private, encouraging open and honest dialogue.
• Control Over Outcome: Parties actively participate in crafting solutions, leading to mutually agreeable and sustainable outcomes, rather than a decision imposed by a tribunal.
• Preserves Relationships: Mediation aims to maintain or even improve relationships between parties, which is vital in a shared living environment.
• Expert Guidance: Our experienced mediators understand the complexities of strata living and the relevant legislation in Western Australia.

If you are experiencing a conflict within your strata property, don't wait for it to escalate. Contact [Your Company Name] today for a confidential discussion about how our professional strata mediation services can help you find a constructive and lasting resolution.

Call us on 0421 379 603 or fill out our online enquiry form to schedule a consultation.