FactSheet: Strata Information WA – Strata Council, Council of Management

• 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 about WA Strata ByLaws and Rules

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.

• WA Apartment garage security: keeping strata garages safe from theft Dec 2015 - This article about apartment garage security has been supplied by a WA Building Manager. A car stolen every 10 minutes

Strata Parking: Can a lot owner allow his/her car space to be used by other people?

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

Guide to Strata Title

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

• I own a lot in a strata scheme established under the 1966 Strata Titles Act. When I bought my unit I thought I owned my garden and car bay, but now I’ve found out that these are common property. How can I own these areas as part of my lot?
• Can I allow my car bay to be used by other people?

Car Park Management & Strata Parking Rules

Question

From Anthony Ulijn, Triumphants:

As company that prides itself on maintaining and caring for our buildings, one of the things that is always a struggle for us is the management of strata parking. What do I mean by this? I will give you an example:

One of the buildings we care for is massive residential complex with a multi-level car park. This car park is split down the middle with one side being allocated the commercial tenants behind the building and the other for the residents of the building. Bays are clearly marked in a way that distinguishes the commercial bays from the residential bays and there is very little overlap of the two car parks if any. Also there is signage up EVERYWHERE that states that this is a private car park and that any unauthorised vehicles will be clamped.

So here is the problem. We have multiple calls daily from owners complaining that someone is parked in their bay. Often it’s other residents or their visitors but occasionally it is also tradesmen/service technicians who are in the building and have chosen the bay because it is conveniently located for the work they are doing. We also have regular calls from owners about vehicles not even parked in bays (mostly motorbikes) who whilst not always obstruct traffic, do pose possible hazards in the event of an evacuation or similar emergency situation. So clamp them I hear you say? Seems simple enough but this is the other part of the problem.

The Strata Manager is currently the ONLY person who can approve clamping. The Strata Manager will not approve clamping unless they receive a direct request from the owner to do so and even if they do, will often avoid clamping because they are “worried about getting calls from angry drivers”. As for the vehicles parked in common area and not in bays, this has been branded as being “too hard” because they will also get calls from the owners of these vehicles. To me it seems pretty simple. They complain about being clamped, you ask them were they parked in a bay they own/rent/had permission to use, they say no, you tell them that’s why they were clamped and that’s the end of the discussion. Simple enough don’t you agree?

So what am I asking? Basically I am looking for some feedback on any areas of the Strata Titles Act or basic bylaws that cover strata parking. I was under the impression that by someone agreeing to living within the Strata, they accepted the bylaws and are required to abide by them. This would mean that any residents parking incorrectly could be clamped without explanation prior and that they would be responsible for the removal and all costs involved. Similarly with any of the trades people/commercial tenants entering the car park, there are signs advising that clamping will occur in the case of any unauthorised parking and as such they too have accepted this the moment they rent/purchase a bay or enter the car park to carry out work. In both cases, the Strata Manager is under no obligation to field complaints or resolve them if the person has done the wrong thing.

I would love to hear what anyone has to say and I would appreciate any information regarding the Strata Titles Act that may apply here.

Answer

From Nigel Wraight, Wraight Property:

I’m in the Eastern states, and “clamping” is Frowned upon something severe (in fact I think it is illegal). Here’s a couple of suggestions:

1. visitors register, via email or via a web portal, assign the tradie or visitor a spot if they don’t register, they don’t park.
2. access control system, they must be swiped in, this goes well with the register.
3. they park anyway through tail gating or turning up. There are “wheel” trolleys you can buy, you slide it under the wheel, turn the handle and lift up the each corner of the car, you can then push it, fairly easily, wherever you like. no you don’t have to be a weight lifter to do it.
4. Big big sign, they will be fined, how do you do this? the visitor, whom is illegally parking, is seeing a tenant or owner, usually you know who it is, the owner or tenant gets the fine added to their strata levies. yes it is uncomfortable but this might become a by law of the strata and consequently the owner and tenants use the registration system, just in case they are caught.

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• WA: Money, money, money … strata levy payments explained Oct 2013 - Strata Managers receive lots of queries about strata levy payments. People ask: How are strata levies determined? Why they have

When can strata levies be charged?

Abode Strata Team
Oct 2013: The Strata Titles Act (WA) says that the strata corporation has to pass (at a General Meeting) the amounts and due dates of strata levies before they can be charged to owners. If the levy has not been passed at a general meeting, the strata corporation is not permitted to raise any levies past the last date of approval at a general meeting.

• WA: Q&A What Do Strata Levies Cover? Why Am I Paying Strata Levies? Feb 2017 - Question: What do strata levies cover? I feel I receive nothing for the fees I pay. There are many problems
• WA: Q&A Can My Strata Levies be Increased to Cover Outstanding Levies? Dec 2016 - Is the Strata Insurance supposed to be part of the Levies budget? Can the Strata Management Company increase my levies

Can levies be raised without a general meeting?

Question

I have just received a strata levy invoice for October 2013, at the last General Meeting of the Strata Company the quarterly levies were to be paid up to 1st July 2013.

Can you please advise if the Strata Company can charge the new levy, as my understanding of the Strata Titles Act (WA) is that the Strata has to pass (at a general meeting) the amounts and due dates of levies before they can be charged to owners and that if the levy has not been passed at a general meeting the strata is unable to continue raising levies past the last date of approval at a general meeting.

Answer

Thanks so much to Jeanette, Strata Data WA for this response:

Cannot provide definitive answer without first checking the minutes of the last AGM, the budget adopted by the strata company and the financial year end period.

Depending on when the financial year ends and when the AGM is held it may be that the levy charged in the October quarter has been adjusted to enable the strata company to raise funds as accepted in the budget for the new financial year? There is usually a lag time between the end of the previous financial year and the next AGM (…………not more than 15 months shall elapse between the date of one AGM and that of the next – Schedule 1 By-law 11 (1).

The levy from the previous financial year may carry over for this quarter and is then adjusted once the new budget is accepted. (If the budget remains the same as the previous year then the levy would not change.) Of course there may be other reasons but a search of the strata company records would be required. The strata manager could clarify.

If the AGM was adjourned then re-convened and no one from the strata company attend the meeting then the budget as presented with the meeting notice is accepted. The purpose of an AGM is to:

1. Accept the minutes of the previous AGM
2. Elect a Council
3. Approve a budget

Most important for Owners to attend AGM or submit proxy so that the budget can be considered and adopted. Strata managers DO NOT determine strata company levies.

Answer

From the Abode Strata Team:

We agree with the other reply but wanted to add –

Yes, it’s likely the owner is correct. Levies are only due and payable if passed at a General Meeting. Typically the strata company will pass a motion that includes the next financial year only i.e. 4 quarters.

HOWEVER, we have usually found it best practice to include another quarter’s levy payment, being one quarter into the next financial year – otherwise this problem will always occur (due to the lag time mentioned in the other reply).

In the end it’s about practicality. As you know, a certain amount of funds are required to run the scheme and these are raised throughout the year, typically every quarter, and therefore a levy will be due for this period.

What is the definition of “unfinancial ” when determining an AGM quorum?

Question

What is the definition of “unfinancial ” when it comes to determining quorum for AGM? Does the outstanding relate only to levy contributions or does it also include all other monies owing such as electricity bills etc.

Answer

From Simone Balsara, TEYS Lawyers:

In Western Australia there is a special provision in respect of ‘unfinancial proprietors’ and when they are entitled to vote:

STRATA TITLES ACT 1985 – SECT 3D

3D. Unfinancial proprietors may vote in certain cases

Despite anything in the by-laws of the strata company, a proprietor is entitled to exercise his powers of voting on a matter requiring a unanimous resolution or a resolution without dissent even though all contributions payable in respect of his lot have not been duly paid or other moneys recoverable under the Act by the strata company from him have not been paid.

Apartment garage security: keeping strata garages safe from theft

WA Building Manager
Dec 2015: Be alert about apartment garage security after a spate of thefts from apartment carparks have recently occurred across Perth, WA.

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Question – Emergency Access Gated Communities

WA Lot Owner
May 2016: Demand for gated communities is a growing trend & the issue of emergency access gated communities will certainly increase. A holistic approach is needed!

FAQs about WA Maintenance & Common Property

Survey Plan or Strata Plan: Strata Questions and Answers

Landgate

Guide to Strata Title

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

• I own a lot in a strata scheme established under the 1966 Strata Titles Act. When I bought my unit I thought I owned my garden and car bay, but now I’ve found out that these are common property. How can I own these areas as part of my lot?
• What control does the strata company have over activities by the lot owners on the common property?
• Who is liable to pay for the upkeep and maintenance of dividing fences? (sec 123 STA)

• Strata WA: Self Managed in this case sounds singular May 2017 - A lot Owner is sick of doing everything in her scheme. Owners are not responsive to bills, invoices or rules
• WA: Termination of schemes: More than just a vote Oct 2016 - Strata reforms are proposing a new termination process to end a strata scheme. It will involve terminating by majority vote,
• WA: Who does what in a Strata Community? Dec 2013 - There is frequent confusion about the division of roles and responsibilities in a strata community. We often hear owners asking:

How to get rid of a corrupt council of owners and strata manager not working in our interest?

Sandy Papalia, Realmark Corporate
Nov 2015: If you are a WA lot owner who is unhappy with your strata manager or believe that you have a corrupt council of owners, what can you do?

• Q&A Developer has control at our new strata scheme WA May 2017 - Question: How do we wrestle control of our new strata scheme back from the developer? He has set unrealistic levies
• WA: Q&A Goods Abandoned by Tenants Left on Common Property May 2017 - Question: We have a pile of goods abandoned by tenants left at our building. The Property Manager and the Strata
• WA: Q&A Strata Council Member Problems – Nobody wants to help Apr 2017 - Question: We have Strata Council member problems. I live in a small strata group of houses in Perth and the
• WA: Q&A Strata Council Roles and Responsibilities – Correspondence Feb 2017 - Question: Are there rules which regulates the communication process between the Chairperson, the Secretary and the Treasurer on a strata
• Q&A How Does Proxy Voting Work in Western Australia? Jan 2017 - How does proxy voting work in Western Australia? Currently there is no limit on the amount of proxies held by

• WA Owners, Builders, Architects, Developers and Investors – “Lift your game” Apr 2017 - I read the recent PerthNow article about off the plan apartments WA: Builder's collapse causes apartment 'nightmare' and offer some
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• Q&A Strata Search WA – What Information Is Available When I’m Buying Strata? Apr 2017 - Question: We are trying to find out what searches / certificates are available or required when selling or buying a
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Q&A Strata Tenants Rights – What is a Tenant Entitled to Know?

Sandra Glossop, Ace Body Corporate Management (Fremantle)
Apr 2016: Question: What are my strata tenants rights? Am I entitled to information such as ‘Who is the Strata Manager’? If not, why?

Q&A Commercial Strata Insurance & Tenants Responsibilities in Strata

LookUpStrata + Richard Moxham, Whitbread Insurance Brokers & Sophie Glossop, Ace Body Corporate Management (Fremantle)
Apr 2016: Answers to some great strata questions, this time about commercial strata insurance and tenants responsibilities regarding by-laws.

Q&A – Required to have Landlord Insurance for a Strata Property?

LookUpStrata & Melanie Fama, Whitbread Insurance Brokers
Mar 2016: We received an enquiry from a WA Strata Investor, questioning the need and requirements for landlord insurance strata property. Are they a requirement?

FAQs – WA Renting / Selling / Buying Apartment Questions

Guide to Strata Title

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

• When I bought my unit, I didn’t know I was buying strata property. Why wasn’t I told it was a strata property?