Signs a sectional title transfer needs specialist attention
Spot red flags in sectional title transfers early: hidden levies, poor record-keeping, unresolved disputes, and structural issues your conveyancer should flag.
Most people assume that if they've bought a property before, buying into a sectional title scheme is just paperwork in a new format. It rarely is. The biggest mistake is treating a sectional title transfer like a standard freehold sale and hiring a conveyancer based only on price or convenience. You end up halfway through the process discovering that your provider hasn't flagged a critical issue—unpaid levies hiding in the scheme's records, a building defect the body corporate is dodging, a breach of the scheme's rules that will cost you thousands to fix, or worse, that the transfer documents contain errors that will come back to haunt you years later.
Sectional title transfers demand a conveyancer who reads beyond the contract. They need to dig into the scheme's minute books, enforcement history, and the body corporate's financial state. If your conveyancer hasn't asked detailed questions about how the scheme is run, who pays for what, and whether there are disputes simmering, they're cutting corners. You need to notice these gaps early, before you've signed anything binding.
When the body corporate's paperwork doesn't add up
Body corporates are required to keep records—levies collected, arrears, special levies approved, maintenance schedules, minutes from meetings. A specialist conveyancer will request these documents and read them with suspicion. Common red flags include missing minutes from recent meetings, levy arrears that seem to be growing but aren't being pursued, or special levies approved without clear explanation of what they're funding.
If the body corporate refuses to release minutes, or the conveyancer you've hired doesn't ask for them, that's your first warning sign. Some schemes hide poor maintenance decisions or deferred repairs behind vague budget lines. A conveyancer worth their salt will cross-check what's listed in the scheme's budget against what you can see in the building itself. If the roof was flagged for urgent repair five years ago and there's no record of it being done, you need to know before you buy. If your conveyancer hasn't pulled together a clear picture of what the scheme has and hasn't spent money on, they're not doing the job properly.
Another trap is when levies aren't being collected consistently from all unit owners. This creates resentment in the scheme and often leads to disputes that affect everyone's property value and your ability to sell later. A competent conveyancer will confirm the collection rate and ask how long-standing arrears are being handled.
Structural and enforcement issues that should have been caught
Some sectional title disputes run deeper than finances. They're about the building itself—water damage spreading between units, structural cracks, or shared facilities in disrepair. Others are about rule enforcement: one owner running a business from their unit, another refusing to maintain their balcony, a landlord renting out units when the rules ban short-term lets.
Your conveyancer should ask whether there are any ongoing disputes with unit owners, any complaints lodged against the body corporate, or any maintenance issues that have caused friction. They should also check whether the body corporate has actually enforced its own rules, or whether they've let things slide until problems become expensive. A scheme where enforcement is spotty is a scheme where your rights and property standards are uncertain.
If your conveyancer hasn't reviewed the scheme's rules in detail and asked you specific questions about how you plan to use your unit—working from home, renting it out, keeping pets—they're not protecting you. Rules that seem unrelated to you now can cost a fortune if you breach them later.
The other oversight is not confirming whether the unit or the whole scheme has any outstanding legal disputes. A scheme locked in litigation over access rights or responsibility for external repairs can affect your ability to get a bond, to insure the property, or to sell it later. Your conveyancer must establish whether any court cases are pending or unresolved.
What to do now
Before you instruct a conveyancer, ask them directly: Will you request and review the last three years of body corporate minutes? Will you confirm the levy collection rate? Will you identify any enforcement issues? If they're vague or say "that's not necessary," find someone else. A conveyancer who knows sectional title doesn't just process the transfer—they're your first line of defence against hidden problems. On Strove, you can compare conveyancers who specialise in sectional title and read feedback from buyers who've been through this.
Common questions
- What should a conveyancer ask about the body corporate before I buy?
- They should request and review the scheme's minutes, confirm the levy collection rate, clarify any special levies pending or approved, and ask whether there are unresolved disputes with unit owners or pending litigation. If they skip these questions, find another conveyancer.
- Can I check the body corporate's records myself before hiring a conveyancer?
- You can ask the seller's agent for the levies and arrears statement, but you won't have access to minutes or enforcement records until your conveyancer formally requests them from the body corporate. That's why using a specialist conveyancer is essential—they know what to ask for and how to read what they get.
- What happens if the body corporate has been ignoring maintenance problems?
- You'll inherit liability for your share of those costs. A special levy can be called at any time to fund urgent repairs, and if levies have been inadequate, you may face large bills. Your conveyancer should identify deferred maintenance by reviewing minutes and asking direct questions about the building's condition.
- How do I know if a scheme's rules will affect how I use my unit?
- Your conveyancer must explain the rules and ask you specifically about your plans—working from home, renting, pets, renovations. Some rules seem minor until you breach them and face a fine or legal action. A thorough conveyancer flags potential conflicts before you buy.
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