NCAT strata disputes (NSW): owners corporation, by-laws and levies
Strata disputes — by-laws, levies, repairs to common property, pets, noise, parking, access to records — are governed by the Strata Schemes Management Act 2015 (NSW) ("SSMA"). NCAT's jurisdiction is broad: it can make orders against an owners corporation, a strata committee, a strata manager, or an individual lot owner.
One thing trips up almost every applicant: most strata disputes require a NSW Fair Trading mediation step before you can lodge at NCAT. This page covers that step, the common dispute types, the evidence the Tribunal expects, and the orders you can ask for.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
"Strata dispute" covers a wide range of matters under the Strata Schemes Management Act 2015 (NSW). Common categories include:
- By-law disputes — challenging a by-law as "harsh, unconscionable or oppressive" under s139 SSMA; enforcing a by-law against a neighbour; pet by-laws (post the 2020 Cooper v Strata Plan 58068 NSWCA decision);
- Levies and unpaid contributions — disputing levy validity, payment plans, recovery action;
- Repairs to common property — orders compelling the owners corporation to perform its s106 duty to maintain common property;
- Meetings and governance — invalid AGMs, improperly passed motions, access to records (s182), strata manager conduct;
- Parking, noise, access, smoking, short-term letting — neighbour-vs-neighbour or neighbour-vs-OC matters.
Standing is broad: any lot owner, the owners corporation, a strata manager, a building manager, and in some cases an occupier (tenant) can apply. The Tribunal makes its decision on the SSMA, the registered by-laws, and the facts.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- Before lodgingRefer the dispute to NSW Fair Trading mediation (most matters)SSMA s218
- 60 daysAfter Fair Trading issues a mediation outcome — usually the practical window to lodge at NCATOperational; verify with FT
- 12 monthsAfter a by-law is made or amended — to apply to invalidate it under s150 SSMASSMA s150
- 28 daysInternal appeal window for non-residential proceedingsNCAT Act, Guideline 1
- 12 monthsRenewal of proceedings for non-compliance with a work orderNCAT Act / Procedural Directions
The process, step by step
- 1
Before NCAT — internal escalation
Try to resolve the issue inside the scheme first. Write to the strata committee or strata manager setting out the issue, the relevant by-law or section of the SSMA, and what you want done. Email is fine — keep a record.
Many disputes resolve at this stage. Even if they don't, your written record becomes evidence at NCAT.
- 2
NSW Fair Trading mediation
For most strata matters under the SSMA, you must apply to NSW Fair Trading for mediation under s218 before you can lodge at NCAT. Mediation is free, run by trained mediators, and usually conducted by phone.
If the other side refuses to attend, or mediation fails, Fair Trading issues a letter or certificate that unlocks NCAT lodgement. Keep it — NCAT will ask for it.
- 3
Lodging at NCAT
Use the General Application form, selecting "Strata Schemes" or the relevant SSMA section. Lodge via NCAT Online, in person, or by post. Standard fee $127 (corp $254, concession $32).
Be explicit about which SSMA section you're relying on — s106 (repair duty), s139 (by-law unreasonable), s150 (invalidate a by-law), s182 (records access), and so on. Attach the mediation outcome, the registered by-laws, and your correspondence.
- 4
Directions, conciliation, hearing
Complex strata matters often start with a directions hearing that sets a timetable. Simpler matters may go to combined conciliation and hearing. Members may make interim orders (e.g. ordering the OC to fix an active leak pending the final hearing).
If you're suing the owners corporation, expect the OC to be represented by a solicitor — they can usually fund this from strata levies. That's not a reason to give up; the SSMA is heavily owner-protective and Members are familiar with the pattern.
- 5
After the orders
Work orders (e.g. "rectify the waterproofing of unit 12's ensuite within 60 days") attach to the OC and bind the committee. Money orders are registered at the Local Court for enforcement.
If the OC fails to comply with a work order, you can apply for renewal of proceedings within 12 months. Appeals are to the NCAT Appeal Panel within 28 days.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
The registered by-laws and the strata plan
Order a current title search and the consolidated by-laws from NSW Land Registry Services or the strata manager. These are the rules the Tribunal applies.
Minutes of strata committee and general meetings
Lot owners have a right of access under s182 SSMA. Get the relevant minutes — they often contain the smoking gun.
All correspondence with the OC, strata manager and other owners
Email threads with full headers, dated. Texts exported with dates.
Fair Trading mediation outcome
The letter or certificate from FT confirming mediation was attempted or failed. NCAT requires this for most matters.
Photos and video of common property defects
For repair claims under s106 — water ingress, cracks, mould, structural movement. Date-stamped, ideally over time.
Quotes for the rectification work
Two or three quotes from licensed tradespeople, scoped to the defect.
Expert / engineer's report (for serious defect claims)
Necessary for waterproofing failures, structural movement, fire safety issues. Must comply with NCAT's Expert Witness Code of Conduct.
Financial statements / levy ledger
For levy disputes, show the calculation, the resolution that approved the levy, and any unpaid contributions.
Voting records and notices of meetings
For challenges to resolutions — was proper notice given? Was the resolution validly passed?
Common reasons people lose
Skipping Fair Trading mediation
NCAT will generally refuse to hear most strata matters under SSMA without evidence of attempted mediation under s218. Lodge at Fair Trading first, get the outcome letter, then go to NCAT.
Suing the wrong entity
It's almost always 'The Owners – Strata Plan No. XXXXX', not the strata committee, not the strata manager. Check the title and the by-laws — the legal entity is the Owners Corporation.
Asking NCAT to make orders against your neighbour, not the OC
Many disputes are framed as 'my neighbour is breaching the by-law'. The cleaner path is to ask the OC to enforce — and if they refuse unreasonably, apply to NCAT for an order against the OC and/or directly against the lot owner.
Relying on outdated or unregistered by-laws
Bring the current registered consolidated by-laws from Land Registry Services. Old printouts are not enough.
No quotes for s106 repair claims
If you're asking the OC to fix something, you need scoped quotes. 'It's broken' isn't enough — the Tribunal needs to know what's being ordered.
Missing the 12-month window to invalidate a by-law
Section 150 SSMA gives a 12-month window from the by-law being made or amended to apply for invalidation. Outside that window your remedy narrows.
Bringing it as a personal vendetta
Members are reading on the SSMA, the by-laws, and the evidence. Tone matters. Stick to facts and orders sought.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Order compelling the OC to perform repairs (s106)
Order that the owners corporation rectify specified common property defects by a specified date.
Invalidation of a by-law (s150)
Order that a by-law is invalid because it is harsh, unconscionable or oppressive, or otherwise contravenes the SSMA.
Compliance order against a lot owner (s232)
Order that a specified lot owner stop a particular activity (e.g. unauthorised short-term letting, persistent noise, breach of a registered by-law).
Order for access to records (s182)
Order that the OC or strata manager provide specified records to a lot owner within a specified time.
Invalidation of a meeting resolution
Order that a resolution passed at a meeting is invalid (e.g. inadequate notice, no quorum, voting irregularity).
Money order for damages
Where the OC's breach of duty (e.g. failure to repair under s106) has caused quantifiable loss to a lot owner.
Appointment of a compulsory strata manager (s237)
Where the OC is dysfunctional, NCAT can appoint a manager with all functions of the OC.
Free help
- NSW Fair Trading — strata mediation
Free mediation under SSMA s218.
- NCAT — strata case type
Forms, fees, lists, and procedural directions.
- Strata Schemes Management Act 2015 (NSW)
The legislation itself — useful to cite section numbers (s106, s139, s150, s182, s218, s232).
- Flat Chat — strata forum
Active community of NSW strata owners, frequented by lawyers. Searchable archive.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Owners Corporation Network
Independent peak body for strata and community title owners.
Questions self-reps ask
Do I have to do Fair Trading mediation before NCAT?
For most strata disputes under the Strata Schemes Management Act, yes. Section 218 of the SSMA requires applicants to attempt mediation through NSW Fair Trading before lodging at NCAT.
There are narrow exceptions for urgent or limited categories of orders — but expect to do mediation first. The mediation is free, usually by phone, and often resolves the issue.
Who is the legal entity in a strata dispute?
Almost always "The Owners – Strata Plan No. XXXXX". That's the owners corporation, which is the legal person under the SSMA.
The strata committee is not a separate legal entity; the strata manager is the OC's agent. Sue the correct entity or your application may be set aside.
Can I challenge a by-law that bans pets?
Since Cooper v Strata Plan 58068 (NSWCA, 2020), blanket pet bans have been treated as "harsh, unconscionable or oppressive" under s139 SSMA. The SSMA was then amended to require schemes to permit animals subject to reasonable conditions.
You can apply under s150 (within 12 months of the by-law being made) or s139 (at any time) for orders invalidating an oppressive pet by-law.
Can I make the owners corporation fix a leak from common property?
Yes. Section 106 of the SSMA imposes a strict duty on the owners corporation to maintain and repair common property. If the OC refuses or delays, you can apply to NCAT for a work order under s232 compelling them to do the repair.
You can also claim damages under s106(5) for loss caused by the failure — e.g. damage to your contents, alternative accommodation costs.
What if my levies are unfair?
Levies must be set by valid resolution at a general meeting based on the budget and the lot's unit entitlements. You can challenge a levy on grounds of invalid resolution, miscalculation, or in some cases unconscionability.
The owners corporation can apply to NCAT to recover unpaid levies — and NCAT can order payment plans or other relief in cases of hardship.
Can the OC use levy money to pay lawyers to fight me?
Usually yes, but with limits. The OC has a duty to act in good faith. Spending excessive amounts of the strata fund on litigation against a single owner can itself be an issue at NCAT and is sometimes a ground for an order under the SSMA.
Members are aware of the imbalance and are not afraid to make costs orders against an OC that has run things unreasonably (Rule 38, where amounts in dispute exceed $30,000).
What if my strata manager is incompetent or dishonest?
You can ask NCAT for an order against the strata manager directly under s72 SSMA, including termination of their appointment.
If the OC itself is dysfunctional, you can apply under s237 for the appointment of a compulsory strata manager to take over the functions of the OC. It's a serious step and the Tribunal sets a high bar.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.