How are disputes with your MCST or condominium neighbours resolved?

Who is who in a condominium

In a strata-titled development such as a condominium, each owner is called a subsidiary proprietor. The management corporation, or MCST, is a legal entity that manages and maintains the common property, enforces the by-laws and collects maintenance contributions on behalf of all owners.

The main law is the Act long known as the Building Maintenance and Strata Management Act, which some recent guides now refer to by its updated title, the Building (Strata Management) Act. It also sets up the Strata Titles Board.

Common disputes

Disputes in strata developments often involve:

• maintenance charges, and what the MCST spends them on;
• repairs to, or alterations of, common property;
• use of shared facilities;
• enforcement of by-laws, or challenges to by-laws seen as unfair;
• water leaks between units; and
• the conduct of general meetings and the validity of resolutions passed.

Water leaks between floors

Leaks from the ceiling are among the most frequent strata disputes. The Act contains a presumption that a leak into a unit comes from the unit directly above, unless the upper owner proves otherwise, for example by showing the leak comes from common property.

In practice, the owners of both units are expected to investigate the cause together and arrange repairs, and the MCST should be informed and involved. Keep dated photographs and written records of each report and reply.

Steps to resolve a dispute

The usual first step is to try to settle the matter informally, by raising it in writing with the MCST or the neighbour concerned. If that does not work, mediation is the next step: a neutral mediator helps the parties reach an agreement they both accept.

If mediation fails, the dispute can be taken to the Strata Titles Board for a decision. Before applying, it is sensible to check that the order you want is one the Board has power to make.

The Strata Titles Board

The Strata Titles Board is a tribunal whose members include lawyers and building industry experts. It can mediate between the parties and, if needed, hear the dispute and make orders. Its orders are binding and enforceable, and failing to comply with one can lead to a fine or imprisonment.

An application fee is payable when applying, and it covers the initial mediation sessions. Check the current fee and forms before you apply.

Keep paying while you dispute

Owners sometimes consider withholding maintenance contributions until the MCST fixes a problem. This is generally not a defence, and can lead to a separate claim against the owner. The safer course is to keep paying while pursuing the complaint through the proper channels.

Getting advice

Strata disputes can affect your home and relations with neighbours for years. A lawyer can review the by-laws, correspondence and evidence, explain whether the Strata Titles Board or a court is the right forum, and help prepare for mediation or a hearing.