Law

Common Strata Disputes and How to Reduce Them

Living or investing in a strata property can be a great fit for modern life. You get a home in a well-located complex, shared maintenance of common areas, and often amenities that would be expensive to maintain on your own. At the same time, strata living comes with a different set of rules and responsibilities. Decisions are shared, costs are shared, and disagreements can feel personal because you are dealing with neighbours, not anonymous third parties.

That is why understanding strata law matters. It is not only for people already in a dispute. It is also for owners who want to make renovations properly, councils of owners trying to manage budgets fairly, or buyers who want clarity on what they are actually purchasing. This guide walks through the common strata pain points in Western Australia, what practical steps usually help, and where independent legal guidance can fit when issues become complex.

For official background and practical guidance on strata titles in WA, Landgate has a helpful overview here: Strata titles information.

Strata living in WA: the basics people wish they knew earlier

Strata schemes operate under legislation and the scheme’s by-laws. That structure affects daily life more than many people expect. It shapes what you can do with your lot, how common property is managed, how levies are set, and how disagreements are resolved.

A few fundamentals that help frame everything else:

  • A strata company (sometimes overseen day to day by a council of owners) manages common property and scheme governance.
  • By-laws set the rules for the scheme, covering things like noise, parking, pets, use of common areas, and sometimes renovations.
  • Levies fund administration and long-term maintenance via budgets and reserve funds.
  • Decision making happens through meetings and voting processes, which need to be followed carefully.

If you have ever thought, “Surely I can do what I want, I own the unit,” strata is where that assumption gets tested. Ownership includes rights, but also shared obligations.

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Where legal problems usually start: the everyday issues that spiral

Most strata disputes do not start as legal battles. They start as small friction points that get worse when communication breaks down or processes are not followed.

Common triggers include:

  • Renovations done without the right approvals
  • Ongoing noise complaints and lifestyle clashes
  • Parking and storage disputes
  • Poor communication around maintenance timing
  • Disagreement about who pays for what
  • Frustration with record access or transparency
  • Levies, arrears, and enforcement processes

The important thing is recognising the moment when “annoying but manageable” becomes “costly and escalating.” Early action is usually simpler and cheaper than late action.

Renovations, alterations, and improvements: doing it right the first time

Renovating in strata is rarely as simple as renovating a standalone house. Even when the change seems minor, the scheme may have rules about approvals, noise hours, contractors, and how work affects common property.

Typical renovation flashpoints:

  • Bathroom waterproofing and plumbing changes
  • Flooring changes that affect noise transfer
  • Structural changes or anything affecting external walls
  • Air conditioning units and external fixtures
  • Balconies, pergolas, and courtyard modifications

A practical approach is to treat every renovation as a documentation exercise:

  1. Check the by-laws and any scheme guidance notes
  2. Confirm whether approval is required and from whom
  3. Get written permission where needed
  4. Keep records of quotes, drawings, and contractor details
  5. Ensure insurance and warranties are understood
  6. Document completion and any agreed conditions

This prevents the situation where a future council asks you to undo work or where you struggle to sell because approvals cannot be proven.

Repairs and maintenance: common property vs lot responsibility

Maintenance is where many owners feel the most confusion. People often assume the strata company will handle everything outside the walls, or conversely assume the owner must handle everything inside.

In reality, responsibility depends on scheme boundaries, the type of strata plan, and the nature of the issue. Confusion is common with:

  • Water leaks and ingress
  • Balcony membranes and waterproofing
  • Window frames and external doors
  • Pipework servicing multiple lots
  • Roof and drainage problems
  • Damage caused by one lot impacting another

When maintenance is delayed, costs often rise and relationships deteriorate. A maintenance plan and clear communication go a long way, even when the answer is unpopular.

By-laws and everyday disputes: noise, pets, parking, and behaviour

By-laws are meant to make shared living workable, but they can also become a battleground when they are unclear or inconsistently enforced.

Some of the most common disputes involve:

  • Noise and nuisance: parties, music, hard flooring, early morning activity
  • Pets: approvals, behaviour standards, and complaints
  • Parking: visitor bays, allocated spaces, and unauthorised use
  • Storage: items left in common areas, safety risks, and clutter
  • Short stay arrangements: building security, amenity impacts, and rule enforcement

A key point is that enforcement should be consistent and evidence based. Complaints without documentation often go nowhere. Complaints with dates, times, photos, and calm communication are far more likely to be resolved.

Levies, budgets, and reserve funds: where tension builds fast

Money is emotional. Even owners who agree on most things can clash when levies rise or when special levies are proposed.

Common pressure points include:

  • Disagreement about what is “necessary” vs “nice to have”
  • Deferred maintenance catching up all at once
  • Poor forecasting for major works
  • Owners falling behind on levies, shifting burden to others
  • Confusion about administrative vs reserve funds

If you are on a council of owners, the best defence is transparency:

  • Provide plain-English budget summaries
  • Explain why spending is needed now, not later
  • Use quotes and scope documents so owners feel informed
  • Show the long-term cost of doing nothing

Owners are more likely to accept difficult levy decisions when they can see the reasoning.

Records and transparency: access requests and practical boundaries

Strata is paperwork heavy. Minutes, motions, budgets, contracts, insurance, maintenance records, and correspondence can all matter. Tension often arises when owners feel “kept in the dark,” or when councils feel overwhelmed by constant requests.

Good governance usually includes:

  • Clear record-keeping processes
  • Predictable response timelines
  • A consistent method for providing copies
  • Respect for privacy where relevant

When records are messy, disputes escalate because people assume the worst. Clean records reduce suspicion and help everyone make decisions based on facts.

When to speak with a strata lawyer before it becomes a dispute

Most people do not want conflict. They want clarity. The moment legal help becomes useful is usually when:

  • The scheme cannot agree on a major decision and time is running out
  • A renovation or maintenance dispute is stuck and communication has collapsed
  • The by-laws are unclear, outdated, or causing repeated arguments
  • There are serious safety issues or significant water ingress
  • Levy recovery and enforcement is becoming contentious
  • A strata management contract or supplier dispute is impacting operations

If you live in Perth and you are looking for a strata lawyer, it can help to start with a clear timeline of events, copies of relevant by-laws, and any meeting minutes connected to the issue, so advice is practical and targeted.

Dispute resolution in WA: the practical pathway most people follow

Strata disputes often resolve without formal proceedings when people follow a sensible escalation path. A typical progression looks like this:

  1. Clarify the issue What decision was made, what by-law applies, what evidence exists, and what outcome is being sought.
  2. Attempt informal resolution A calm written summary and request for next steps. Not a rant, not a threat.
  3. Use structured discussion or mediation Particularly useful when the relationship matters long term, which is most strata situations.
  4. Consider tribunal pathways if unresolved In WA, State Administrative Tribunal can hear and decide strata titles matters under the Strata Titles Act. 

A fact sheet from Landgate also outlines steps like compiling facts, talking through the issue, considering mediation, and applying to SAT if needed. 

A step-by-step way to handle a disagreement without inflaming it

When emotions run high, a simple framework helps you stay effective:

  • Write down the outcome you want Be specific. “I want the leak fixed by X date,” not “I want fairness.”
  • Separate facts from feelings Facts include dates, emails, photos, and minutes. Feelings matter, but facts move decisions.
  • Refer to the relevant rule or duty By-law, meeting resolution, maintenance obligation, or contract clause.
  • Offer two options For example: “Approve the repair quote now” or “Call an extraordinary meeting within 14 days.”
  • Set a reasonable timeframe Deadlines help. Threats usually backfire.
  • Keep your communication tidy One email thread, clear subject lines, and no personal insults.

This approach does not guarantee agreement, but it reduces the chance you accidentally undermine your own position.

Buying into a strata scheme: due diligence that saves you later

A lot of strata stress can be avoided by doing better checks before you buy. Many buyers focus on the unit and ignore the scheme.

Things worth checking include:

  • Meeting minutes for patterns of repeated disputes
  • Upcoming major works, maintenance backlogs, or planned special levies
  • Building insurance arrangements and claims history
  • By-laws that might affect how you live (pets, parking, renovations, noise)
  • Reserve fund health and long-term maintenance planning
  • Any current tribunal matters or serious conflicts

If the paperwork shows years of unresolved issues, you are not just buying a home, you are buying into a governance environment.

Councils of owners: governance habits that reduce conflict

Serving on a council can feel like unpaid project management with a side of neighbour politics. Clear governance habits make a major difference.

Good practices include:

  • Regular communication that is informative, not defensive
  • Consistent enforcement of by-laws
  • Transparent quoting and procurement for major works
  • Clear meeting agendas and properly recorded minutes
  • A long-term maintenance mindset, not crisis management

When councils operate calmly and predictably, owners are less likely to assume mismanagement even when decisions are difficult.

Strata managers and service contracts: getting value without confusion

A strata manager can provide structure and administrative support, but expectations need to be clear. Problems often arise when roles are misunderstood.

To keep things practical:

  • Define what the manager is responsible for vs what the council handles
  • Keep a clear approval process for spending and contractor engagement
  • Ensure communication channels are consistent
  • Review contracts and performance regularly

Even good managers cannot fix poor governance or unclear decision-making. The scheme still needs a coherent approach.

Building defects and warranty concerns: what owners should document early

Defects are one of the most stressful strata situations because they are expensive and can affect multiple lots. Early documentation is critical.

Practical steps that help:

  • Photograph issues with dates
  • Track patterns, not just single incidents
  • Obtain reports where appropriate (for example, waterproofing or structural assessments)
  • Keep all correspondence with builders and relevant parties
  • Record decisions made at meetings about defect responses

The earlier a scheme treats defects as a project, not a complaint, the better the chances of a controlled outcome.

Practical checklist: how to prepare before you seek legal guidance

If you are approaching legal advice, you will usually get better value if you gather:

  • The strata plan type and scheme details
  • Current by-laws and any amendments
  • Relevant meeting minutes and motions
  • Key correspondence with the council, manager, or other owners
  • Quotes, reports, and photos
  • A timeline of what happened and when
  • The outcome you want, and what you are willing to compromise on

This reduces back-and-forth and helps advice focus on solutions.

5 FAQs

1. Do by-laws override general property rights? By-laws can set rules for shared living and common property use. They often shape what you can do, even within your lot, particularly where changes affect others.

2. Can an owner access strata records easily? Access processes vary by scheme, but records are a major part of transparency. Having a clear, consistent record-access method reduces conflict.

3. What happens if levies are not paid? Unpaid levies can create unfair cost shifting to other owners. Most schemes have formal recovery processes, and consistent enforcement protects the scheme’s finances.

4. Are renovations always allowed if you pay for them? Not always. Approval and conditions may be required, especially if works affect common property, building structure, or other residents’ amenity.

5. Where do strata disputes in WA usually end up if unresolved? If internal processes and mediation do not work, the State Administrative Tribunal can hear and decide strata titles matters.

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