Solicitor recommendations? NSW Strata Title specialist

[emptyvessel]

Folks,
can anyone recommend a solicitor in NSW that specialises in Strata Title process?

This is for a small 3 lot strata that I am dotting all my "i's" on.

TIA,
EV

 

[Meisterin]

What is it for?

Are you purchasing a strata title or are you subdividing the lot into strata title scheme?

 

[Terryw]

Watson and Watson
http://watsonandwatson.rtrk.com.au/?scid=13683&kw=3386822&pub_cr_id=9240412984

 

[emptyvessel]

Thanks Terry, will check them out.

Hiflo, I am subdividing into strata scheme.

 

[Meisterin]

There's a few that do this in town.

Adrian Mueller @ Muellers

Colin Grace @ Grace Lawyers.

David Bannerman @ Bannermans.

If you go to ISTM site, they have list of lawyers who do this sort of work. These are a few names I can think of. When I worked in the industry these were boutique firms that specialised in strata law. Large firms that specialise in Building and Construction Law do this but they also charge more. Call around telling them exactly what you need to do.

But if you are subdividing, you may also go around some issues by doing company titles. I've seen recent duplex/triplex subdivisions done on company title because strata subdivision was not allowed.

 

[emptyvessel]

Great info.

Perhaps you can clarify my thinking on the role the solicitor will play in this process for me? I appreciate any feedback. I am thinking the solicitor role may be rather small, but important.

Some background on the process as I understand it now after discussing with a few surveyors, the local council and a couple of strata management companies;
1) Surveyor "kick-off": - Site Survey, Draft Strata Plan and some other small items. I provide with various documents, plans, Section 88B instruments, OC' Complying dev etc.
2) Surveyor engages private Certifier. The private Certifier has already confirmed that this is a complying development and can be certified in a short period via PC rahter than 40 day council turnaround.
3) Submission to local council for subdivision approval. (Not sure if this is still needed if we have the private certifier)
4) Strata Management company reviews Draft Strata plan with me. Adds-in by-laws etc as required. Otherwise ensuring compliant. May also get cover note for Owners Corporation insurance at this point.
5) Bank approves plans, issues new separate titles
6) Surveyor initiates LPMA / Land Office lodgement
7) Strata completed/approved/registered.
8) Ongoing Strata Management - I will be engaging a company to take care of all this to ensure paperwork is in order.

Am I missing any major steps?
Which steps require a solicitor? I "think" steps (4) and (5) they are needed. Perhaps also step (8) to review and advise on the Strata Management agreement I am signing up to?

Thanks again for any assistance,
EV

 

[Meisterin]

Dear Emptyvessel

Basically the role of the solicitor is to follow the procedures stated in the Strata Schemes (Freehold Development) Act- unless its on a leasehold land. Then another legislation applies- and ensure that the paperwork(including draft plans, by-laws, 88B instruments etc and the signature of planning officers at the council is in the right place in the documents) is in place for registration at Land and Property Information(formerly land titles office). If you have mortgage on the land, then ensuring that the Bank consents to the subdivision.

So in that sense you are right about getting it started with the surveyor and the solicitor is used at the end to make sure that all the paperwork is in place for the registration of the Strata Plan- the state where the strata subdivision is finally complete.

Once the strata subdivision takes place, ie the strata plan is registered, automatically Owners Corporation is formed. This is the stage where you appoint the strata managers. So until the strata plan is registered there is no role for the strata manager. The solicitor will advise you of the process on how to appoint a strata manager. (There have been disputes in the past from future inhabitants of the strata plan in relation to the appointment of the strata manager, so I would be following instructions from the solicitor until the first AGM of the strata plan.)

It's been a few years since I worked in the industry, and I just writing from top of my head so I may be missing a few details and my knowledge may not be up to date. So please take this only as a guide and general advice and not as specific legal advice to you.