Contributing to Common Property in Your Strata Building

Maintenance & Common Property

The owners of six lots do not contribute to the reserve fund because they never use the common areas. Was this decided at the inaugural AGM?

We have a common area with a lawn and paved driveway. Four units use this area to access their lots. The other six units access their lots from the street. The six units decided not to contribute to the reserve fund because they never used the common lawn or paved driveway. Would the decision about which units contribute to the reserve fund have been made at the inaugural AGM when the units were first built in 1991?

If a scheme levies differently than unit entitlement, it can only be via a by-law. If no by-law was lodged, levies must be by unit entitlement.

Section 100 of the Strata Titles Act 1985 details the requirements of a strata company, and it must, under section 100(1)(c), raise amounts determined by levying contributions on owners of lots in two ways.

In the portion of the unit entitlements of their respective lots or
If the scheme by-laws provide for a different basis for levying contributions

This means if a scheme wants to levy differently than unit entitlement, the only other option is via a by-law.

If a by-law was registered on the strata plan in 1991, following the Inaugural General Meeting, then yes, they may levy as per the by-law. If no by-law was lodged, levies must be by unit entitlement.

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Published: 17 Oct 2018

Last Updated: 24 Jul 2026

This post appears in The WA Strata Magazine July 2025

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Answer by

Jamie Horner

Empire Estate Agents

Jamie Horner is the Licensee of Empire Estate Agents, Licensed in 1997 she has over 25 years’ experience in Strata and Property Management. A trainer at the Real Estate Institute of WA and member of the REIWA Strata Committee and a firm believer in continuous education and building better ‘communities’ in strata and property. Jamie has a Masters Degree in Property, a Degree in Business/Commerce, a Diploma in Management (Real Estate) and a Cert IV in Strata Community Management and Cert IV in Training and Assessment and passion for property. Jamie is a regular contributor to LookUpStrata.