Do survey strata schemes of 10 lots require a 10-year maintenance plan?

WA
Maintenance & Common Property
Law & Updates
question
Lookupstrata community member

I am purchasing a survey strata titled unit in a block of 10 in Bunbury. Do survey strata schemes of 10 lots require a 10 year maintenance plan?

answer
WA Author Headshot Placeholder
Shane White Strata Title Consult PTY LTD

You must have a reserve fund if your strata company is 10 lots or more.

First, we need to know what a “designated strata company” is as defined in the Strata Titles Act (STA). See Section 100(7):

100 Administrative and reserve funds and contributions

  1. In this section designated strata company means — 
    1. a strata company for a scheme with 10 or more lots; or
    2. a strata company included in this definition by the regulations.

See Regulation 79 as defined in the Strata Titles General Regulations 2019 (STGR)

79. Designated strata company — extended meaning

  1. For the purposes of section 100(7)(b), a designated strata company includes the following — 
    1. a strata company for a strata scheme that has a scheme building replacement cost of more than $5,000,000;
    2. a strata company for a survey‑strata scheme if the replacement cost of the improvements on the common property is more than $5,000,000.
  2. The replacement cost of a thing is the reasonable cost of rebuilding, replacing or repairing the thing to a condition which is equivalent to or substantially the same as (but not better or more extensive than) when it was new.

Now that we understand the requirements for 2 to 9 Lots and the requirements for 10 or more Lots, we can proceed to explain that if you have a small scheme of 2 to 9 Lots that has a replacement value of more than $5,000,000 then it is classified as a "Designated Strata Company” you “must” have a reserve fund as detailed in Section 100(2) and (2A);

If the strata scheme is a Designated Strata Company, you must have a reserve fund. If your strata company is 10 lots or more, you must have a reserve fund.

It will be up to the owners to agree on how much they contribute to the reserve fund for this purpose.

Your enquiry relates to survey-strata schemes in particular. A lot on a survey-strata plan does not show buildings on the lot, as all buildings or any structure on the lot is the responsibility of the lot owner.

To this end, the 10 year plan is for the purpose of replacing common property. If there were any common property structures or facilities, the 10 year plan would cover these items. See STGR Regulation 77.

If your strata company fits this definition, you “must” have a 10 year plan. It is up to the owners to agree on the amount of the contributions.

Even if you are living in a smaller scheme, it would be a good idea to regularly review the repairs that could be required in the future and ensure you have a reserve fund that would help cover them.

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