We offer specialised expertise in all aspects of strata law, from the development phase, the ongoing management and maintenance of your building, through to strata renewal or termination of your strata scheme. At every stage, we draw on the experience and skill of lawyers across the Swaab teams to complement our unique strata focused services
Our team
We provide advice in the following areas:
Strata Development
- advice in relation to restructuring and configuration of mixed-use developments (commercial, retail and residential) including green field sites, brown field sites and expansion of current developments
- section 88B instruments to accompany community title, stratum and strata plans of subdivision
- drafting documents to create easements and restrictions on use of land subsequent to creation of community title or strata title scheme
- bespoke Community Management Statements and Strata Management Statements to reflect the place making desired of the developer to limitations and options of the developer during the initial period
Strata Advisory
- drafting of by-laws, amendments to management statements, review and consolidation of by-laws advice as to Strata Schemes Management Act 2015 (SSMA)
- duty of owners corporation to maintain & repair property (section 106 SSMA) advice
- drafting of services agreements, building management agreements, facilities services agreements, cleaning and concierge agreements licence and access deeds
- strata plan of sub-division and change of unit entitlements
- management and compliance matters including meeting procedures, motions, proxy requirements easements, change of use, planning issues remedial building works under the Design and Building Practitioners Act 2020
- residential or commercial construction contracts, superintendent agreements and consultancy agreements
Strata Disputes
All litigation and/or dispute resolution:
- section 106 SSMA claims for repair and maintenance of common property unauthorised works to common property compulsory management under section 237 by-law disputes, penalty notices and applications
- contract disputes
- building claims for breach of warranties under Home Building Act 1989 and breach of duty of care under the Design and Building Practitioners Act 1989
Strata Renewal & Termination
- acting for owners corporations, developers and dissenting owners in respect of collective sales or redevelopment under Part 10 of the Strata Schemes Development Act 2020
- acting for lot owners in collaborative sales of strata schemes
- applications for termination of a strata scheme under Part 9 of the Strata Schemes Development Act 2020
We are trusted leaders in Strata Law, advising owners corporations, strata managers, developers, and lot owners with clarity, precision, and deep industry insight. But our strength doesn’t stop there.
We bring the full weight of our firm’s capabilities to any strata matter, seamlessly integrating expertise across Property, Insolvency, Planning, Employment, Litigation, Commercial, and Health & Safety law. Whether you’re navigating complex by-law disputes, managing building defects, or facing compliance challenges, our multidisciplinary approach ensures your interests are protected from every angle.
With a reputation for practical solutions and strategic foresight, we don’t just resolve issues, we help you stay ahead of them.
Useful Links
Publications
SP6534 v Elkhouri; Owners Corporation SP6534 v Perpetual Corporate Trust Ltd [2024] NSWCA 279 (in Eq. Div) (27 November 2024)
Background and PartiesMr. Elkhouri (Elkhouri) owned Lot 11, a penthouse apartment in an 11 lot residential strata scheme at Point Piper, Sydney. The…
Australian Anti-Money Laundering AML/CTF Tranche 2 laws are coming
Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act is designed to stop illegal funds from entering the financial system. It…
Oberto Pty Ltd v The Owners Strata Plan No 2004 No 2 [2026] NSWCATCD 24 & costs in Strata Disputes – Rule 38 of Civil and Administrative Rules 2014
After a lot owner was successful in its claim for damages in an apartment building as a result of an owners corporation’s…
In the News
‘Give To Gain’ International Women’s Day 2026
When people, organisations, and communities give generously, opportunities for women grow. Giving isn’t subtraction, it’s intentional multiplication. Because when women…
Happy Lunar New Year 2026 – Welcoming the Year of the Fire Horse
The Fire Horse (Bing Wu) is known for its bold energy, charisma, speed, and transformative spirit, symbolising a period of breakthroughs…
Swaab celebrates 45 years of legal service excellence
This year, Swaab proudly marks 45 years since our founding by the late Fredrick (Fred) Swaab an entrepreneur, mentor, and leader…