SERVICES

Whether you are an owner, developer, owners corporation, or managing agent, we provide practical, experienced advice at every stage — from the drafting table to litigating disputes.

We advise on all facets of strata title and community title, this includes governance,  management procedures and issues within schemes including how to approach issues to as to achieve legal compliance.

We advise on building and construction contracts and act for parties pursuing or defending claims arising from construction defects in strata and community title developments.

We prepare and negotiate building and facilities management agreements. In particular we use our expertise to advise on these types of agreements, their effect, termination and variation and act in disputes.

We prepare and register by-laws and community management statements tailored to the needs of your scheme, ensuring compliance with current legislation. We also provide expert advice on the effect, validity and enforceability of existing and proposed by-laws.

We advise on owners corporation’s and community association’s obligations around common property maintenance and repair, and act on claims involving common property defects and lot owner loss.

We assist with leasing and licensing of common property and act on strata plan subdivisions, guiding clients through the regulatory and registration process.

We have extensive experience representing both applicants and respondents across a wide range of strata and community title disputes, including:

• unreasonable refusals to make a by-law;
• harsh, unconscionable and oppressive by-laws;
• common property defects;
• maintenance and repair;
• lot owner loss claims;
• meeting procedures;
• easements and fencing disputes;
• works by-laws; and
• compulsory strata manager appointments.

We are experienced in negotiating disputes (formally at mediation and informally) and, where necessary, in representing our clients at the NSW Civil & Administrative Tribunal and in the Local, District and Supreme Courts and the Court of Appeal.

Every strata matter is different. Contact Benson Legal to discuss how we can assist you with your specific situation.