HISTORY OF DISPUTES

Disputes, particularly applications to the Strata Titles Commissioner, can be of concern to a purchaser if they are indicative of disharmony or chronic problems within a scheme. The inspector will therefore be concerned to bring to the purchaser’s attention any history of disputes and any current applications to the Commissioner that may impact on the purchaser.

If the purchaser has not signed the purchase contract they may be able to withdraw from the purchase if there is a serious problem with disputes. If the contract has been signed, then the right to withdraw may not apply. The purchaser should work with their solicitor to determine the available options where disputes are a serious problem.

Who is the Strata Titles Commissioner?

The Commissioner is a specialist, independent, accessible authority, part of the New South Wales Department of Fair Trading, set up for the fair and timely resolution of disputes according to law.

What are orders?

Orders are imposed as a result of either dispute mediation or formal adjudication. Typical orders are as follows:-

• That a person or company pays money

• That a person or company completes some work

• That a person comply with a by-law

• That the owners corporation repair common property or an asset

• That a motion be declared invalid

• That the election of an executive or executive committee member be declared invalid.

How do we establish History of Disputes?

There are a number of indicators of a history of disputes. Information is drawn from documents on file regarding legal action, minutes of meetings and correspondence related to the Commissioner or dispute tribunals.  Reference is also made to the historical records of Purchasers Strata Inspections, which are in the form of an extensive computerized database. While the owners corporation may have destroyed or hidden the old records, the information may still be in that database.

History of disputes?

This can be as simple as a NO answer. If answered NO there will be no record currently on file, neither will there be any historical information in our database.  If answered YES there will be an outline of the problems or issues recorded in the minutes and relevant documents. We will also provide as much information on the current issues as is practical. Older matters which have been settled will be outlined and summarised in Historical Information.  Current matters will be outlined and copies of important documents may be attached to the report.   

More Information

To get more information on a matter you may care to meet informally as a prospective purchaser with a member of the owners corporation’s Executive Committee who may be prepared to brief you on the current situation and plans for the future.  Bear in mind that any meeting agreed between you and an executive Committee Member would be voluntary. It is usual for Executive Members to assist.  They may choose not to give details and they are not required to do so.  They may be more accommodating if they know you are a committed purchaser.