Line 07 of 07 · When owners disagree
When owners disagree
NSW Fair Trading sets out four general steps for strata disputes: talk about it, take it to the owners corporation, use Fair Trading’s free mediation, then go to the NSW Civil and Administrative Tribunal as a last resort. When the disagreement is about the strata manager, the route depends on what the problem is, and one extra door opens: a complaint to Fair Trading about the agent’s conduct.
General information. This page explains NSW strata law in plain words. It is not legal or financial advice. NSW Fair Trading’s strata pages hold the current rules, and a solicitor can advise on a particular scheme.
Which route fits which problem
The manager isn’t providing what the agreement says
- First
- The strata committee, which can raise it with the manager.
- Then
- A motion at the next general meeting to discuss the concerns or end the manager’s appointment.
- Formal
- Mediation about a strata manager’s agreement can only be sought by the owners corporation, not an individual owner.
The manager’s conduct
- First
- The strata committee, which may approach the licensee in charge of the agency.
- Formal
- A complaint to NSW Fair Trading, by an owner or the committee, with evidence of how the manager may have breached the rules of conduct. Fair Trading assesses whether laws were broken.
A former manager holds the records
- Formal
- A Tribunal order for the former manager to produce the records, which needs no mediation first.
- Then
- If the Tribunal finds the records weren’t handed over, a complaint to Fair Trading with a copy of the orders.
The scheme isn’t being run
- Formal
- An owner can apply to the Tribunal for the compulsory appointment of a strata managing agent if they believe the scheme isn’t functioning properly. That application also skips mediation.
The building manager
- First
- The strata committee, then a motion at the next general meeting.
- Formal
- Free Fair Trading mediation, naming the owners corporation as the respondent. Fair Trading can’t take complaints against building managers, because they don’t need a licence.
Inside a Fair Trading mediation
Mediation is free, and covers disputes governed by strata law: if the Tribunal could make an order about the issue, Fair Trading can offer mediation. It can’t be used to seek an apology or to evict a tenant. Its listed examples include meeting procedures, including whether meetings and decisions were valid, and by-laws, finances and insurance.
The online application takes about 15 minutes, can’t be saved part-way, and asks for the strata plan number and the other party’s details. Fair Trading then invites the other party and sets a tentative date; if they decline, the applicant can apply to the Tribunal.
The session runs by phone: the mediator links the calls, each side briefly describes the dispute and what it hopes for, and the mediator helps them find options. Mediators are neutral, and if a settlement is reached, the mediator helps write it out. A solicitor can attend only if everyone agrees beforehand, and the mediator arranges an interpreter if one is needed.
At the Tribunal
Mediation is compulsory for most strata disputes, and the mediation certificate must be attached to a Tribunal application unless the matter is exempt. The exemptions, listed in section 227(4) of the Strata Schemes Management Act 2015, include appointing a strata managing agent, allocating unit entitlements, access to a lot to inspect or repair common property, the two record matters, and monetary penalties.
As at October 2026, a general strata application costs $133 at the standard fee, $266 for a corporation and $33 at the reduced fee, under the schedule that has applied since 1 July 2026. The reduced fee is for eligible pensioners and people with a grant of legal aid or help from a community legal centre.
Once an application is lodged, the Tribunal gives the parties and the owners corporation a copy, and the owners corporation must pass it on to every lot owner (penalty applications are the exception). Most people represent themselves; being represented by a lawyer needs the Tribunal’s permission first. Fair Trading says decisions usually take at least six weeks once everyone has finished giving evidence, and that the Tribunal’s decision is legally binding.
Next on the board: What a strata managing agent does. Or go back to the directory on the home page.