Two Lot Scheme Dispute Resolution – how do I get the painting done?
Two lot strata schemes, like duplexes or semi-detached townhouses are fairly common, but they present special challenges to owners.
There being two and only two votes on every decision, voting deadlocks are more likely, with implications for dispute resolution.
Below I’ve outlined a guide for two lot scheme dispute resolution. I believe you have covered step 1 and that your next action is to seek mediation.
Read related: The Pros and Cons of Apartment Living
Two Lot Scheme Dispute Resolution Process
Step 1 – Talk about it
The first step towards resolving a strata issue is to try and discuss it with the other party.
Step 2 – Mediation
If a resolution has not been able to be achieved (by talking about it), Fair Trading provides a free mediation service, which may assist in achieving a resolution.
Mediation is an informal negotiation process in which a trained and neutral mediator assists the parties achieve their own resolution. The mediator’s role is to:
- help identify the issues in dispute and
- assist the parties to raise and consider options and strategies by which the issues may be addressed.
You can download the Application for Mediation form from the Fair Trading website.
Read the Strata and community mediation page on the NSW Fair Trading website for more information.
Your issue is quite straight forward, and I’d imagine that mediation would bring about an acceptable outcome.
The biggest challenge with mediation is getting the other party to agree to attend a session. If mediation fails because of non-attendance or otherwise, the next step is the NSW Civil and Administrative Tribunal (NCAT)
Step 3 – The Tribunal
The NSW Civil and Administrative Tribunal (the Tribunal) is a specialist, independent, low cost tribunal for the fair and timely resolution of disputes according to law. Disputes are resolved at a hearing and are legally binding on both parties.
You can download the Application here
This website does not give legal advice or any other professional advice. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article