Fixing strata title requires us to understand it better. But even a fundamental feature like strata owners’ property rights, is poorly understood, legally unclear, and subject to changing Court interpretations over time. So, let’s explore the dilemma of individual property rights in strata title buildings.

Most strata commentators eagerly await NCAT decisions as guides for interpreting untested [or established] strata laws. But, since NCAT decisions aren’t binding on anyone and they keep getting overturned on appeal, I’m don’t think they have much value to strata stakeholders.

My short series of articles about what needs to be reconsidered and addressed in NSW strata laws was prompted by the first Discussion Paper. Whilst this law reform process has a long way to go and the issues will change, it’s a timely opportunity to re-think strata building operation and regulation. So, here’s a summary of my 113 ideas and suggestions.

Marie Kondo’s first rule of tidying is to set your intention and to commit the time and effort required so you can approach the task with a can-do attitude, energy, and motivation so that at the end you’ll experience the joy of being with the things you want. So, let’s apply some of that to fix up the little messes in NSW strata law.

Even before the money, the strata building structure is the basis for almost every right, interest, entitlement, obligation, and liability in strata. So, the strata law provisions governing its preservation and alteration are important.

My apologies to Abba. But, in my experience, money is never funny in strata buildings since strata owners, managers & regulators [quite rightly] treat it very very seriously. Yet, when you look closely, there’s a looseness about strata financial records and reporting that belies that seriousness.

We can improve the things that decision-making theories identify as critical in strata meetings by focusing on both the process and substance, plus ensuring better communications before and after meetings.

Adversarial mindsets in strata buildings mean that most differences become disputes to be won or lost; rather than challenges to be mediated to a fair compromise between affected stakeholders. And, that has many negative impacts on all strata stakeholders.

Strata building information is not a precious commodity that needs to be kept safely hidden away and only rationed out in small doses. Strata buildings and their committees and managers have acted as careful gatekeepers to date. But, more free-flowing strata information will bring myriad benefits and opportunities to all strata stakeholders.

As one of the more complex, esoteric, and [arguably] important parts of strata title, part strata schemes need careful reforms that preserve their special character but provide solutions to the actual and likely challenges that arise.

Whilst we are used to almost instant [and often free] support from the businesses and organisations most of us use [think banks, shopping or food delivery], strata management seems to hanker for an older, slower, and quaint approach.

Before we reinvent the strata wheel, let’s consider what we can learn from the discussion papers, submissions, and changes made [and not made] during the last round of NSW strata law reforms between 2011 to 2015.

When you examine the number of strata disputes running through the formal dispute processes in Australia they seem insignificant compared to the number of strata buildings, owners, residents, and other stakeholders.

Let’s think a bit harder about some policy considerations and objectives for our strata laws to better influence what the latest reforms should be doing.

Why do governments make such a big deal about strata law reforms and then allow the processes to take so long [and is this going to happen again in NSW with the current law reform programme I’ve written about elswehere]?

Although we all want better strata laws, is this latest NSW strata law reform process another pointless paper trail and talkfest, or, can we make real improvements?

What were the leading NSW strata stakeholders groups saying about buildings defects back in 2012 … and, is it much different today?