• Read more about What does "act fairly and not discriminate between owners" mean in a letting agreement?
• Add new comment

Our body corporate operates under the Accommodation Module. Our letting agreement imposes a rather vague obligation on the caretaker/letting manager that he/she "will act fairly and lawfully and not discriminate between owners". Can you give any simple examples of what might be deemed unfair or discriminatory?

• Read more about Can a letting agent lease owner units and sub-let them, and does this create a conflict of interest?
• Add new comment

Our building is under the accommodation module. The caretaker is also the letting manager. Can the letting agent enter into an agreement with one or more owners to lease their units and then sub-let them?

Is the caretaker required to have a written agreement with the owner setting out this arrangement? We are concerned about preferential letting arrangements where the letting manager seeks to maximise their return from the sub-lets. Our letting agreement states explicitly that the letting agent will "act fairly and lawfully and not discriminate between owners".

• Read more about Can strata authorise repairs to a lot caused by renovations and charge the owner without prior consultation?
• Add new comment

Strata arranged a plumber on two occasions to investigate and repair a plumbing leak in the bathroom ceiling of my apartment.

The plumber concluded, as the leak was caused by our recently completed renovation, I am responsible for the charges I have been billed around $2000 for this work.

While I have no concerns the repairs are my responsibility, I’m concerned about the amount charged. The plumber attended after hours for a non urgent repair. Is strata able to authorise work to a lot before consulting the owner and then charge the owner for the work?

• Read more about Upstairs owner refuses access after causing ceiling damage — what can we do?
• Add new comment

We have recently purchased a ground floor unit. There is damage to the ceiling in one bedroom. The damage originated in a unit on the top floor. Damage extends to a first floor unit and my unit. The owner of the top floor unit will not make the unit available for inspection to assess. They are adamant strata should pay, while strata say it's the unit owner's responsibility. Meanwhile, we have an unliveable unit and no time frame for assessment, let alone repair. Where do we stand?

• Read more about Who pays for investigating and repairing dampness in a ceiling caused from inside the lot?
• Add new comment

An owner reported dampness in their bathroom ceiling to the strata manager. Two plumbers were organised to conduct multiple tests that all confirmed the dampness was caused from inside the property and was not a strata issue. The owner had a false ceiling with a ceiling fan that did not have an external outlet.

Who is responsible for paying for the investigation and repairs of dampness in the ceiling caused from inside the property?

• Read more about Hot water leak under a foundation slab — who is responsible and can the owner make an insurance claim?
• Add new comment

There is a hot water leak under the slab inside one of the townhouses in our four-lot complex. The pipe with the leak is not common property, but deep under the slab.

Who is responsible? If this is the owner's responsibility, can they lodge an insurance claim?

• Read more about When electing the council of owners, is voting counted by number of people or by unit entitlement?
• Add new comment

At our last AGM, we had more nominations for the council of owner committee than positions. The election went to a vote. There was a call to have a poll vote. One owner has a large lot entitlement. Using his entitlements, a committee was voted in that was not the popular vote on the night. Is this legal in WA?

• Read more about A week after our AGM we still don't know who is on the council — is this normal?
• Add new comment

At our AGM a week ago, owners nominated to be on council and a vote was taken to decide which nominees would fill the 7 positions on council of owners. There were approx 35 votes and strata advised they could not tell those present who was on council. They took away all the paperwork and we are still waiting today one week later to find out who is on the council.

• Read more about Is the council of owners chairperson elected at the AGM or at the first council meeting?
• Add new comment

• Read more about Can our AGM chairperson unilaterally limit the council of owners to three members?
• Add new comment

At our AGM via zoom it was stated by the chairman that the council of owners would be limited to three members. I requested to be on the council as the fourth member and was advised that this was voted down by the three members of the council.

My understanding is that any owner can become a member of the council up to the maximum of seven. The strata comprises of eight units. Can you assist?