FactSheet: Strata By-Laws & Legislation

• Strata Community Insurance Spring Forums wrap up! Strata in Australia Oct 2017 - Strata living is the fastest growing form of property ownership in Australia. Already 4.5 million people live in private attached
• Legislative Idiosyncracies in Strata May 2017 - Some state (or territory) legislation is failing to meet a standard that is common to many (or all) other states.
• Are Apartment Blocks the New No Smoking Areas? Apr 2017 - Changes to smoking rules in parts of the country such as NSW and Queensland are setting the stage for ‘smoke
• The Immense Power Held by Strata Owners – PODCAST Nov 2016 - The immense power our State Governments have given to private citizens - strata lot owners - in the form of

What Is Strata – Podcast

Amanda Farmer, Your Strata Property
Apr 2016: How are strata plans created? What is the difference between lots and common property? What are strata by-laws, and what steps can you start taking today to become more active in your strata community?

Poll: Are there short term let apartments in your building?

LookUpStrata
Oct 2015: Our latest poll question appeared in our last newsletter – Newsletter #67 – asking whether short term letting was happening at your apartment. The poll question was inspired by an article that appeared in last weeks newsletter: The Short-term Letting Stoush by Andrew Suttie of Nicholsons Solicitors, a member of the Hunt and Hunt legal group.

The Short-Term Letting Stoush

Andrew Suttie of Nicholsons Solicitors, a member of the Hunt and Hunt legal group
Oct 2015: Private short term letting in residential apartments is becoming more prevalent. What impact does it have on body corporates and what power do they have to stop it?

Strata Reforms are the new black: Reform on the agenda around the country

Allison Benson, Kerin Benson Lawyers
Jul 2015: With the release of the draft NSW Strata Reform bills, we look at the state of play for strata title reform across Australia.

Strata Title or Body Corporate Management – What’s it About?

Leanne Habib, Premium Strata
Oct 2014: Confused about Strata Title or Body Corporate Management? We make the somewhat complex world of strata management just that little bit easier to understand.

Short-term use of residential apartments is set to end

Teys Lawyers
Apr 2013: Follow the full story and media reports since April 2013 here.

Non-Mutual Income: Who Pays The Tax?

Phill Geary, Ascend Strata Support
Mar 2013: Most strata managers are aware that in the majority of circumstances non-mutual income earned by a strata company/body corporate is taxable. The difficulties arise however in ascertaining who is liable to pay… is it the strata company (via a tax return arranged for by the strata manager) or the individual lot owners in their own individual tax returns?

Articles

• NSW: Predicting the Unpredictable: Strata Renewal in the Courts Jul 2018 - Developers proposing projects involving strata renewal plans face a crystal ball gazing exercise. They need to predict the requirements and
• NSW: NCAT Changes the Rules for Expert Evidence in Strata Disputes Jul 2018 - NCAT has recently changed the rules that apply to expert evidence in most strata cases. These changes relax the rules
• NSW: I want to do work to my lot. Do I need a by-law? Apr 2018 - Do I need a by-law for my renovation? Do I need permission from the Owners Corporation? The simple answer is
• NSW: Short Term Lettings and Airbnb are hot topics in strata Apr 2018 - This short paper explains why most owners corporations in NSW are currently able to make by-laws that prohibit unlawful short
• NSW: Two Lot Schemes Apr 2018 - Two lot strata schemes are fairly common, but they present special challenges to owners. It is much more likely that
• Short term letting in NSW Strata Schemes: Can you? Or Can’t you? Oct 2017 - To date there have been very few cases in the NSW Civil & Administrative Tribunal (NCAT) that dealt with by-laws
• NSW: NCAT Rules Against Short Term Letting By-Law Sep 2017 - Are by-laws prohibiting short term lettings including Airbnb valid? NCAT has just weighed into the debate. Let's find out why
• NSW: Are the House Rules Binding? The Answer Will Surprise You! Jul 2017 - What are house rules? These are rules that are made by a strata committee. House rules are often put up
• NSW: What are some of the sorts of By-Laws Owners are adopting during the By-Law Review? Jun 2017 - While owners corporations are undertaking their bylaw review as required under the Strata Schemes Management Act 2015, owners corporations may
• NSW: What are the rules around smoking in strata buildings? Jun 2017 - The new NSW legislation introduced in November 2016 has recognised that smoking may cause nuisance or hazard to another person. How

How Legislative Changes Around Urban Renewal Affect You As A Strata Owner – PODCAST

Amanda Farmer, Your Strata Property
Jun 2016: How recent legislative changes around urban renewal and strata termination in New South Wales affect the people living in Strata.

The Truth About By-Laws In Your Strata Property (And How To Ensure You’re Not In Breach) – Podcast

Amanda Farmer, Your Strata Property
May 2016: Savina Yang explains how essential by-laws are to living dispute free in a strata property.

How A Strata Building Can Use By-Laws to Deal With Short Term Letting

Amanda Farmer, Your Strata Property
May 2016: Short term letting by-laws: what rights does an owner’s corporation have around restricting the types of occupants in a building?

Airbnb – Is Your Strata Building Becoming a Party Hotel?

David Bannerman & Mark Pollinger, Bannermans
May 2016: The rapid expansion of Airbnb and other online letting services has become one of the most controversial issues for the strata sector.

Strata By-Laws – What Investment Property Owners Need to Know

David Bannerman & Mark Pollinger, Bannermans
Apr 2016: The new strata laws will make a number of significant changes to the making and enforcement of by-laws. Investment property owners need to be getting ready for the changes.

Renovating Strata Units – New Laws, New Opportunities

David Bannerman & Mark Pollinger, Bannermans Lawyers
Apr 2016: NSW Strata Reforms will result in changes to the process involved in renovate strata unit NSW. Find out how this may affect your NSW strata renovations.

Beware – Adjudicator’s Discretion to Dismiss Adjudication Application by an Unfinancial Lot Owner

Michael Pobi, Pobi Lawyers
Sep 2015: Many are unaware that being an unfinancial lot owner can also be a legal impediment to the success of an application for Adjudicator’s orders.

By-Laws & Rules – What are they? Who do they bind? Can they be enforced?

Allison Benson, Kerin Benson Lawyers
Aug 2015: By-laws (called Rules in the ACT) are the rules that we must live by when we live in a strata or community title scheme.

Are Costs Recoverable in the NSW Civil and Administrative Tribunal if you are successful?

Pierrette Khoury, Turnbull Bowles Lawyers
Jun 2015: In the Local, District and Supreme Courts ordinarily costs follow the event. However, the above is different in the NSW Civil and Administrative Tribunal as a Tribunal Member will not necessarily award costs to a successful party.

Strata Title, Strata Scheme, Strata Plan. What is the difference?

Inger Brettle, Premium Strata
Oct 2014: Strata title, Strata Schemes and Strata Plan. You may understand that somehow these terms are all related, but how exactly? This article will demystify the terminology for you.

What is section 80D and why is it so important?

Allison Benson, Kerin Benson Lawyers
Aug 2014: Section 80D of the Strata Schemes Management Act 1996 (NSW) requires an Owners Corporation to pass, at general meeting, a resolution authorising the seeking of legal advice or the initiation of legal proceedings.

FAQs

• NSW: Q&A Are There Regulated Fees for Strata Roll Access? Jul 2018 - Question: In NSW are fees regulated for providing strata roll access? Is there a standard fee that can be charged
• NSW ByLaw Review. How / Where do we register our new bylaws? Nov 2017 - Question: We have carried out our NSW bylaw review and now wonder how we register the new bylaws and who
• NSW: Q&A Can We Install Sun Shades for Apartment Balconies? Oct 2017 - Question: Is there a precedent for installation of sun shades for apartment balconies where they were not on the original
• NSW: Q&A Bylaw Review Process – What if no changes to bylaws are warranted? Oct 2017 - Question: There does not appear to be any information on what (if anything), owners’ are required to do during their
• NSW: Can Airbnb strata bylaws prevent short term lets? Jul 2017 - There is much debate and confusion around the subject of how much control (if any) strata bylaws can impose on
• NSW: Q&A Can a Strata Committee Member send their own Notice to Comply Letter? May 2017 - Question: Can one member of the Strata Committee send their own notice to comply letter to a lot owner without
• Q&A Renovating Strata Unit NSW – What Steps Do We Need To Take? Apr 2017 - Question: We wish to renovate our strata unit in Sydney - new kitchen, remove a wall. What are the steps
• NSW: Q&A Circumstances Where You May Be Exempt From Registering Strata Bylaws Aug 2016 - Question: Are there circumstances - like an order from local council - where you may be exempt from registering strata

Q&A Move the trampoline! By Law Breach Notice

Andrew Jakes, Ace Body Corporate Management
Jun 2016: Question: My landlord and I have received a by law breach notice about my trampoline being visible from the front of the building. Do we really have to move it?

Q&A Are there template renovation bylaws available?

Leanne Habib, Premium Strata
Apr 2016: Q: We have regular applications from owners proposing to renovate their apartments and were wondering if there are renovation bylaws available?

By-laws in your strata scheme

NSW Fair Trading

Each strata scheme has its own by-laws, which are a set of rules that owners, tenants and, in some cases, visitors must follow. By-laws cover behaviour of residents and the use of common property. They can cover issues such as whether pets are allowed on the scheme, how smoking is regulated, parking and noise levels.

NSW strata bylaws and Rules

Question

Our strata by-laws have a by-law which provides for the creation of “rules” by the executive committee. Can the committee then create a rule which provides that Owners Corporation will not be responsible for the maintenance of certain common property? Maintenance is of course the responsibility of the Owners Corporation. Can the executive committee abrogate the responsibility of the Owners Corporation in this way? Are such strata by-laws even valid?

Answer

From Simone Balsara, TEYS Lawyers

“House Rules” are not enforceable against owners and occupiers. Only strata by-laws of the strata scheme bind the owners corporation, owners and occupiers (s44 of the Strata Schemes Management Act (SSMA). Strata by-laws also has no force or effect until it is registered (s48 of the SSMA).

Additionally, with respect to removing the duty of the owners corporation to repair and maintain certain items of common property, the SSMA requires a special resolution to be passed pursuant to s62 (3) of the SSMA, and subsequent strata by-laws may be required to assign the responsibility to the lot owners subject to special conditions.

Therefore, any strata by-laws that allows the executive committee to create “rules” which are inconsistent with the SSMA or any other Act or legislation are not valid and enforceable (s43 of the SSMA).

These types of blanket strata by-laws empowering the executive committee to create “rules” is open to challenge as being beyond the power of the owners corporation.

Question: When should strata by-laws be repealed and when should strata by-laws be amended?

Answer

From Simone Balsara, TEYS Lawyers:

The repeal of strata by-laws differs from an amendment, because an amendment involves making a change in the strata by-laws that already exists. A repeal, however, is a complete revocation or deletion of strata by-laws.

Question: When should strata by-laws be amended?

Answer

From Simone Balsara, TEYS Lawyers:

A good example is keeping of animals strata by-laws: Every scheme ought to have a keeping of animals by-law and generally it is model by-law 16 under the SSMA. If an owners corporation wants to change this by-law to make it a no pets by-law or expand it to include additional conditions, it would not repeal the by-law and create a new special by-law, but would simply amend the existing by-law.

Question: When should strata by-laws be repealed?

Answer

From Simone Balsara, TEYS Lawyers:

A common example of when general strata by-laws are repealed is where strata by-laws are duplicated. This is common where an owners corporation decides to make a whole new set of strata by-laws for the scheme but does not repeal the old strata by-laws. Generally a special privileges or exclusive use by-law can only be repealed with the consent of the lot owner concerned or via an adjudicator’s order or court order.

Question: What are some of the things we should look out for when managing a commercial strata scheme?

Answer

From Simone Balsara, TEYS Lawyers:

The strata by-laws of a commercial strata are normally different to that of a residential strata scheme including control of hours of operation and use of common facilities, prevention of hazards and provision of amenities and services. Renovations undertaken on commercial lots may change the use of a lot and require council consent. Work, Health and Safety laws will apply to commercial schemes including compulsory asbestos compliance and safety reporting.

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws for residential strata schemes

Your Strata Scheme’s By-Laws

Owners Corporation Network
When you buy or rent an apartment, you effectively sign a contract that binds you to the by-laws of your building. Some schemes may have adopted the standard by-laws or Model By-Laws, and some schemes may have by-laws which differ from these Model By-Laws, so it ‘s important to firstly check what applies to your building before proceeding.

By-laws in a strata scheme

NSW Fair Trading
Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact on the satisfaction and enjoyment of others. Therefore, it is important to be aware of your responsibilities and obligations when you own or live in a strata unit.

Articles

• QLD: Unfair Contracts in Strata Jan 2017 - As part of the Australian Consumer Law, the Federal government has created legislation to protect parties who are the recipient
• The Five Most Common Invalid Strata Title By Laws QLD Jan 2017 - Five clear examples of invalid strata title by laws QLD - including reasons why they are invalid. If your scheme
• QLD: Opposing Resolutions Without Dissent – the Final Say Oct 2016 - The longest running (and most expensive) dispute over a deck in Australia has been decided by the High Court. There
• QLD: Lot entitlements – Can you unscramble the egg? Oct 2016 - QUT professors have recommended a solution to the strata titled lot entitlements problem. Read on to find out what it
• QLD: Property Law Review – Have Your Say On Body Corporate Issues Oct 2016 - Before making any decisions about possible changes to the lot entitlements system, the Government would like to hear from the
• QLD: The golden rules of by-law enforcement Sep 2016 - Bylaw enforcement is not an optional activity. By-laws must be enforced, and the responsibility for their enforcement lies with the
• QLD: Enforcing By-Laws – Noisy Neighbour ordered to Remove Renovations Jun 2016 - This article discussing the enforcement of noise by-laws has been supplied by Mario Esera, HWL Ebsworth. If you have enjoyed

Department of JAG – BCCM Practice Directions

Chris Irons, Commissioner for Body Corporate and Community Management
Jun 2016: To assist parties who have either lodged dispute resolution applications or who may be considering doing so, the BCCM publishes a number of Practice Directions. The Practice Directions aim to cover most, if not all, of the most common queries about the dispute resolution processes.

Have your say on body corporate issues

Chris Irons, Commissioner for Body Corporate and Community Management
Dec 2015: As you may be aware, a review of Queensland’s property laws is being conducted by the Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) for the Queensland Government. The review includes examination of a number of important issues for unit owners and bodies corporate.

Can I Renovate A Unit?

Lisa Rutland, MyBodyCorpReport.com.au
Mar 2015: Strata By-Laws enforcement: Looking to renovate your apartment? There are restrictions on how, when and what you can do. Find out how much you need to involve the body corporate.

What does the future hold for by-law enforcement?

Jason Carlson, Thynne + Macartney
Jan 2015: Strata By-Laws enforcement: Bodies corporate in Queensland may soon be given the power to tow vehicles, issue on-the-spot fines for by-law breaches and ban pets and smoking from their scheme. Will that be good for community living?

Body Corporate Governance issues – BCCM discussion paper issued

Frank Higginson, Hynes Legal
Dec 2014: The government has issued the next BCCM discussion paper for those who want some light reading over Christmas.

Individual Water Meters for Apartments

Kelly Borell, Tower Body Corporate Administration
Nov 2014: We have received an increasing number of enquiries from Gold Coast bodies corporate recently, regarding the possibility of installing individual water meters to their strata schemes.

The 5 Areas Where Body Corporates Go Wrong

Lisa Rutland, MyBodyCorpReport.com.au
March 2014: For the most part body corporates are well managed, fiscally sound, have a great mix of residents and make for great investments. Sometimes though, they’re don’t and the results can be incredibly costly and stressful.

Can you sue a body corporate for committee actions you know are beyond their power?

Frank Higginson, Hynes Legal
Jan 2014: A case that reinforces the limits of a committee’s ability to act for a body corporate & when a BC will be held liable for unauthorised acts of the committee.

Does a body corporate have to include all submitted motions on a general meeting agenda?

Frank Higginson, Hynes Legal
Apr 2013: We get this question at least once a month. The answer has always been ‘Yes’. And why wouldn’t it be? The Modules requires that if a motion is submitted by an owner before the end of the body corporate’s financial year, then it must go on the AGM agenda (s. 69 Standard Module). Otherwise, if a motion is submitted at any other time it must simply go on the next general meeting agenda.

FAQs

• QLD: Q&A Air conditioning units on balconies and the impossible bylaw! Apr 2018 - Question: The body corporate have introduced a by-law which, due to the imposed specifications, makes it almost impossible to install
• Q&A Queensland Bylaws, General Rules & The Act Feb 2018 - Question: Can you advise if the local ByLaws override the general rules?
• QLD: Q&A Voting at Body Corporate AGM – Debating on motions Jan 2018 - Question: We have been advised that voting at body corporate AGM will not involve any debate. If a process removes
• QLD: Q&A Doggy Doo Is Not Cleaned Up – Who Enforces Bylaws? Aug 2017 - Question: One unit owner does not clean up after their rather large dog. It's part of the bylaws. Body Corporate
• QLD: Q&A AGM – Speaking To Or Against Motions When Most Owners Vote Remotely Sep 2016 - Since most owners don't attend the AGM and have the opportunity to vote electronically or by post, how do I

Q&A Oppressive or Unreasonable By-Laws Concerning Flooring

Frank Higginson, Hynes Legal
May 2016: Question: Is it worth our while trying to pursue this matter through the Commissioner on the oppressive/ unreasonable by-laws platform or should we simply install a product we really don’t want?

Q&A Builder Manager Duties and Privacy

Hynes Legal
Mar 2016: What is deemed appropriate behaviour by onsite managers. Do Builder Manager duties include the enforcing of strata bylaws and rules?

Articles

• VIC: VCAT Declares Owners Corporation Rule Prohibiting Pets Being Kept in Private Lots Invalid & Unenforceable Sep 2016 - A recent VCAT case involved an OC that had two registered Owners Corporation Rules prohibiting pets on common property and
• VIC: Why Owners Corporation Rules Should Always Be Drafted By Legal Practitioners Sep 2016 - The recent Supreme Court of Victoria case of Owners Corporation PS 501391P v Balcombe [2016] VSC 384 (22 July 2016)

Evolution of Strata in Victoria

Stephen Raff, Ace Body Corporate Management
May 2016: Stephen Raff, provides a very brief overview on the evolution of strata subdivisions in Victoria and how modern close proximity living was formed in the state.

“My Apartment is My Castle (and I’ll lease it on AirBnB if I want to)”

Nicole Wilde, Tisher Liner FC Law
Jul 2015: The latest regarding short term rental apartments in the Docklands building, Watergate: Owners Corporation Plan No. PS 501391P v Balcombe & Salter VCAT.

FAQs

• VIC: Q&A Reasonable Implementation of By-Laws Feb 2018 - Question: I'd like to find out about the implementation of by-laws. There are some common sense by-laws I feel we

Q&A: Strata Living Victoria

LookUpStrata, Sonya Williams from enLighten Australia and Daniel Hunt from Ace Body Corporate Management
Feb 2016: Over the past week or so we have received a few questions from lot owners asking about different aspects concerning strata Living in Victoria.

Resources

Model rules for owners corporations

If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Owners corporations

Consumer Affairs Victoria
Learn how to run an owners corporation, and rights and responsibilities of members and managers.

NSW & ACT: By-Laws & Rules – What are they? Who do they bind? Can they be enforced?

Allison Benson, Kerin Benson Lawyers
Aug 2015: Strata By-laws (called Rules in the ACT) are the rules that we must live by when we live in a strata or community title scheme.

Case Note: How to Count the Numbers – Voting Requirements in Unit Plans

Allison Benson, Kerin Benson Lawyers
Sep 2014: A reminder to Owners Corporations that they must strictly adhere to legislative requirements to ensure the validity of its special resolutions.

ACT Government: Justice and Community Safety

Factsheet: The Owners Corporation

Owners corporations are responsible for managing units plans. Owners corporations have obligations to insure all buildings, manage the common property and enforce their rules.

Factsheet: Rules (articles) and breaches

All unit owners and occupants of units are bound by the rules (or ‘articles’) of their owners corporation. One of the owners corporation’s primary functions is to enforce its articles.

Unit Title (Management) Act in Practice: Rules and House Rules

Owners Corporation Network ACT
The Unit Titles (Management) Act 2011, (UTMA), is for the most part, concerned with the legal functions and responsibilities of the owners corporation itself. It sets out the things which the corporation may or must do and the responsibilities of the executive committee which is elected at each AGM to exercise the functions of the corporation until the next following AGM.

Articles

FAQs

• Q&A Changing Strata ByLaws SA: How do we go about this? Apr 2017 - Answer: All communities should review their bylaws to make certain they encompass the corporation requirements and are tailored to fit

Is strata corporation approval needed for a temporary gazebo?

LookUpStrata
Aug 2015: This week we received a question from a strata resident in South Australia asking about the process to erect a free standing temporary gazebo within the courtyard of a strata townhouse.

Articles

FAQs

Q&A: Body Corporate Rules Tasmania

Daniel Hunt, Ace Body Corporate Management
May 2016: Question: I would like information on body corporate rules in Tasmania regarding seceding from my strata body corporate. Can this be done?

What control does the body corporate have over activities by the lot owners on the common property?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Can the body corporate or a lot owner be fined for breaches of strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Is a tenant bound by the strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

What recourse is there where a tenant is breaching the strata bylaws and rules of the body corporate?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

How does a body corporate enforce strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Who is entitled to a copy of the strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles 

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

model strata by-laws concerning keeping of pets, use of common property, parking of motor vehicles, etc.

By Laws – Strata Schemes

Land Tasmania: All strata schemes are subject to strata by-laws. Strata By-laws promote the concept of community living whilst facilitating administration of the strata scheme.

Articles

• WA Strata ByLaws; Friend or Foe? The Final Solution Mar 2017 - Legislation in your state has considered the complexities of managing shared resources and created By-laws enforceable by law. These WA

Strata Titles Act Reform

Paul Keet, Strata Asset Services (WA) Pty Ltd
Nov 2014: As a result of support from the Western Australian state government Landgate has released information on proposed changes to the Strata Titles Act 1985.

Strata laws in Western Australia: 10 Tips for Minimising Disputes

Rachel Cosentino, Slater + Gordon Lawyers
Oct 2013: Strata By-laws are a constant source of disputes because they are one of the most significant distinguishing factors as between strata title and green title housing.

FAQs

Guide to Strata Title

This publication contains a FAQ section (page 25) for strata owners and residents containing answers to common questions including:

• Can the strata company fine a lot owner if that lot owner breaches strata bylaws?

Are condenser clothes driers a requirement in a new strata complex?

Question

I am in WA. My unit has a very basic clothes dryer and drying clothes outside is frowned upon! There is a ceiling fan, however that does not solve the moisture problem.

Are condenser clothes driers a requirement in a new strata complex?

Answer

I have just received this response from Jeanette Anderson, Strata Data (WA)

Schedule II (7) By law is quite specific:

Drying of laundry items:

A Proprietor, occupier, or other resident of a lot shall not, except with the consent in writing of the strata company –

1. Hand any washing towel, bedding, clothing or any other article on any part of the parcel in such a way as to be visible from outside the building, other than for a reasonable period on any lines provided by the strata company for the purpose: or
2. Display any sign, advertisement placard, banner, pamphlet or like matter on any part of his lot in such a way as to be visible from outside the building.

Check with the strata company to see if moisture extraction in the laundry/bathroom are assisted by fans installed in the roof area. One of the fans may have burnt out?
I am unaware if condenser dryers are a requirement? I have not heard anything to this effect.

Approval for renovations without a vote.

Question

What section of the Strata Title’s Act would apply if a strata company decided to go undergo renovations and a meeting was not held to allow the proprietor’s to vote on these developments?

Also, where would I find a statement of associated costs for an application to State Administrative Tribunal (WA)?

Answer

Information about strata council expenditure can be found in the Landgate publication Guide to Strata Titles (see section 21.2 Expenditure by Council):

“the maximum amount of expenditure which the council of a strata company may spend per lot for particular maintenance work or other matters without going to a general meeting is:

• the amount per lot fixed by a special resolution of the strata company; or,
• if no amount is fixed, $65 per lot.”

There are a few exceptions in which the limit does not apply. More information about these exceptions can be found in the quoted publication. If the exceptions do not apply “then before the council may exceed the expenditure limit it must be approved at a general meeting of the strata company. If the proposed expenditure is for the performance of work or to purchase goods, at least two tenders must be presented at the meeting.”

Also, information about costs associated with lodging an application to SAT can be found HERE, HERE & HERE.

Replacing a faulty front door with a proper front door.

Question

I have been living in my strata unit for 5yrs the unit was built 1 year before I bought it from the previous owner.

After about a year I noticed that my front door was beginning to show signs of weather damage so I paid $2000 to build a canopy the same as my neighbours in an effort to keep the weather off the front door. When I asked the strata company if I needed permission to do this I was told I could do what I liked. The door has now got to a point where it’s letting in the rain and is warping and mouldy on the outside.

I discovered that my door as well as all the front doors of the other 12 units are in fact internal doors made of MDF they have a pretty glass panel on the door and side panel of the door. These doors offer no security from intruders – one good kick even with the deadlock on and the door will fly open.

Four of the owners including myself need to replace our front doors and want to replace them with proper front doors the strata company is saying we must replace the doors with the same doors at our own expense. I feel this is wrong as I will have to replace the door every 4-5yrs. My safety is being compromised and from an insurance perspective if the unit is broken into via the front door where would I stand having an internal door as a front door?

What would happen if I went ahead and replaced my front door with a proper front door the same colour and as close to the style of current front door instead of the internal door the strata company is saying we have to replace it with? Also how can a builder get away with putting an internal door as a front door on 14 units and can I report him for doing this (he is still doing it on other units he is building in the small town I live in).

Has anyone else had a similar problem and if so how did you resolve it?

Answer

From Douglas Purcell, NT Body Corporate:

Each State has different legislation, however, having seen NSW Legislation and NT Legislation this would seem to be part of the structure and an external door is the device that shuts off the common and private areas of a unit.

If the awning has already been installed by others then you can safely say that the Body Corporate has introduced a precedent and no other applications need to apply exception being pets.

Now the front door would have to be structural and needs to be replaced at the Body Corporates cost. A motion should be put to the owners via a special general meeting. Now you might have to canvas owners and get 25% of the vote to call an Special AGM. Read your act or seek assistance from the SCA in your state.

If this fails to get the required result then you have two options replace the door yourself, you replace the door and then seek a costs order from the courts via the small claims court.

Question (cont.)

I didn’t have much luck with the builders association. I got the impression that the front door meets building regulations. But I did learn that we should have done some maintenance on the doors before they got to this point. No maintenance on the outside of the units has been done since they were built. We have been built this year a one off maintenance levy has been put on place to do this unfortunately the doors are not included in this.

Answer

From Rhys Faiers, Blackburne Property Group:

some suggestions for you below, which are relevant to WA legislation.

Aside from the fact that the front doors do not appear to be fit for purpose (and quite possibly an issue to be pursued with the builder if within the 6 year liability period), my advice would be that you obtain a copy of the Strata Plan for your complex.

This will note the lot boundaries of each lot.

As an example, most Strata Plans will note that the lot boundaries are the inner surfaces of the walls, the upper surface of the floor and the ceilings. This means that you own the interior space of the lot only.

It is also a possibility that the Strata Plan dictates that the boundaries of your lot are to the external surface of the building. See Section 3AB of the Strata Titles Act 1985 (WA) for more information. Effectively this means that you own to the outside surfaces (and anything affixed to or projecting from – such as gutters & awnings), and would be required to replace and maintain these.

If the lot boundaries are to the internal surfaces, then the front doors are considered common property (aside from locks) and should be replaced by the Strata Company.

Once you have obtained and reviewed a copy of your Strata Plan and referenced this with the Act then you may wish to consult a specialist “Strata Consultant” to assist you and the other owners with the interpretation of these documents if your Strata Manager or Council of Owners is unwilling to raise this on your behalf.

Answer

From Simone Balsara, Teys Lawyers:

In addition to Rhys’ comments you can also refer to the guide produced by the Western Australian Land Information Authority (Landgate) which give people a basic understanding of strata titling principles in Western Australia:

http://www.landgate.wa.gov.au/docvault.nsf/web/STRATA-Title-Guide-ONLINE/$FILE/STRATA-Title-Guide-ONLINE.pdf

Under s35 (c) of the Strata Titles Act 1935, a strata company is required to “keep in good and serviceable repair, properly maintain and, where necessary, renew and replace the common property, including (1) the fittings, fixtures and lifts used in connection with the common property; and (2) any personal property vested in the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause.

The front door is generally part of the common property and the strata company’s responsibility. The strata plan will provide guidance in respect of the common property boundaries in your scheme.

Reply from Questioner

Thank you everyone for your comments and information. I am in the process of requesting of copy of the strata plan so I can see where my boundaries are. From what I can on a plan that I was given when I bought the unit, it looks like the front door is well within in my boundary as I have a spare parking bay out the front and a garage. The facia boards for the front of my building are also within this boundary and yet we are about to be billed for a one off levy for the re-painting of them. They are getting a bit faded and are due for some maintenance. When I first moved into my unit a number of years ago I asked the previous strata manger about the maintenance of the facia boards and gutters I was told that it was my responsibility to look after them.

When I stated at our AGM that the replacement of the doors was more urgent and could we add this to the levy I was told the door was my responsibility and that I had to replace it like for like. There are 3 particular council members who have a big influence at the meetings and as none of them need their front doors replacing they don’t want to include it in the levy. They also have their own private discussions so when it comes to a meeting they back each other up, changing the rules to suit them. The strata company manager goes along with them. Getting support and interest from the other owners is difficult as most of the owners rent their units out and so don’t worry about anything until they get a request to fix things from their property managers.

My next step is to get a copy of the strata regulations pertaining to the units where I live and a strata plan from our strata company.

Resources

Section 28: Schedule 1 & Schedule 2 By-Laws

Schedules 1 and 2 to the Strata Titles Act contain the standard strata by-laws which apply to all strata schemes unless the strata company has amended them. You should obtain a copy of the strata plan to ascertain if the standard strata by-laws apply.