This article is about amending or adding buildings on common property in WA.
Question: Does the strata council require the authority of the strata company to amend or add buildings on the common property?
Answer: The Council cannot make the decision to improve common property if the expense of the improvements is more than $500 per lot.
One of the new things in the legislation that came about was section 91(2) which the strata company actually may improve or alter the common property. So, under the old legislation, you actually weren’t allowed to improve the common property. What you had, you were stuck with. You couldn’t value add to it.
With the amendments to the legislation, you’ve now actually got that ability to improve common property. A lot of large schemes with excess land now have an opportunity to better utilise that land and maybe improve it.
So yes, the strata company can improve common property. ‘Can the council make that decision?’, No, they need to pass a special resolution to be able to improve the common property if the expense of it is more than $500 per lot.
Sustainable infrastructure is a different resolution, it is an ordinary resolution. Again, one of the great things to come out from SCA recently is guidelines around how you can now add sustainable infrastructure to your scheme. These complement the section 87 applications for improvements and works to lots. I think a lot of people don’t understand that any structure being added to the scheme requires a section 87. It doesn’t have to be structural alterations, it’s just alterations of the lot. So by and large, they do have to make an application under Section 87, or if it’s a survey strata, section 88 to improve their lot, and that is the resolution without dissent. Alternatively, they can go to SAT under Section 90 and bypass the Strata Company if they want to.
This post appears in the November 2021 edition of The WA Strata Magazine.
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