WA: Can a strata company limit the number of vehicles in a lot's garage

Question: Can a strata company amend a by-law to limit a lot’s lock-up garage to one vehicle, without providing a reason?

Can our strata company amend the conduct by-law for parking on common property to include a restriction allowing only one motor vehicle to be kept in a roller-shutter lock-up garage that sits fully within the owner’s survey-strata lot?

For example, an owner couldn’t keep one car plus a moped, or even two mopeds. No reason has been given, such as appearance or safety.

Answer: A conduct by-law may be invalid if it is unfairly prejudicial, oppressive or unreasonable to owners.

Section 46 of the Strata Titles Act 1985 (WA) (the Act) provides that scheme by-laws are invalid:

to the extent that there is no power to make the by-laws;

to the extent that they are inconsistent with this Act or any other written law;

to the extent that they are inconsistent with a restricted use condition;

for a leasehold scheme — to the extent that they are inconsistent with the covenants or conditions of a strata lease over a lot in the scheme;

to the extent that they purport to deny or limit the right of a member of the strata company to vote on a proposed resolution of the strata company (except as set out in the Act);

to the extent that they prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing with a lot;

to the extent that they purport to discharge or modify an easement or restrictive covenant;

to the extent that they prohibit or restrict the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is an owner or occupier of a lot;

to the extent that they prohibit or restrict the use on the parcel of an assistance animal by a person with a disability;

to the extent that, having regard to the interests of all of the owners of lots in the strata titles scheme in the use and enjoyment of their lots and the common property —
1. they are unfairly prejudicial to, or unfairly discriminatory against, 1 or more of the owners of lots; or
2. they are oppressive or unreasonable.

Further to the above, section 119(1) of the Act provides that, in performing its functions, a strata company is to have the objective of implementing processes and achieving outcomes that are not, having regard to the use and enjoyment of lots and common property in the strata titles scheme:

unfairly prejudicial to or discriminatory against a person; or

oppressive or unreasonable.

It is important to confirm whether the lock-up garage forms part of the lot, exclusive use or common property, which may be material in determining the reasonableness of the by-law. Ultimately, the reason for the strata company seeking to amend the by-law will be central to determining whether the by-law is unfairly prejudicial, oppressive or unreasonable.

If it is determined that the by-law is unfairly prejudicial, oppressive or unreasonable, the by-law may be invalid.

The above is provided for general information purposes only and does not constitute legal advice. It is recommended that specific legal advice be obtained to determine whether there is any basis to challenge the validity of the by-law and the correct forum for doing so.

This post appears in the October 2026 edition of The WA Strata Magazine.

Ben Sasson
Vogt Legal
E: bsasson@vogtlegal.com.au