WA: Q&A Unit Renovations, Improvements and External Appearance of the Lot

These Q&As are about applying for unit renovations, altering the external appearance of the lot and carrying out improvements to common property in Western Australia strata buildings.

Table of Contents:

• QUESTION: In a three-lot scheme with boundaries defined by section 3AB, does a lot owner need approval to paint or replace their roof, and can they freely change the colours of external walls and roofs as long as they aren’t drastically different?
• QUESTION: What are the insurance implications if owners remove grab rails without permission in an over 55s complex?
• QUESTION: Our council members wish to install a convex traffic mirror on the corner of a unit in our community. The council states they have the lot owner’s consent. As the mirror would be a structural alteration, would this require the approval of all owners?
• QUESTION: Several lots in our strata scheme would like to install a smart lock. As an improvement to common property, what are the approval requirements and what resolution is required?
• QUESTION: A lot owner has requested permission to add roller shutters to their windows and external awnings attached to the common property. Does the vote have to be unanimous or a majority?
• QUESTION: I’d like to relocate our hot water system (HWS) from an internal space to our balcony. The HWS it will not be visible from the exterior of the unit.
• QUESTION: We own a duplex in WA and are looking to renovate. Are duplexes bound by the same approval process as larger strata complexes?
• QUESTION: A lot owner has installed a pergola on exclusive use common property without approval. The Council of Owners will not take action. As a lot owner, how to I incite action?
• QUESTION: Our by-laws say a structural alteration can be approved by the managing agent or council of owners. Isn’t this in conflict with section 87 of the Act?
• QUESTION: During the selling process, our buyers want confirmation of Strata approval of the patio in our rear exclusive use yard. What time frame does the council of owners have to respond to our request?
• QUESTION: We are being charged $2000 to return a fire door to its original condition after the previous owner installed a deadbolt and peephole. Is this our cost to rectify?
• QUESTION: What must be included in a lot owner’s renovation request submission for the next AGM?
• QUESTION: What is the correct procedure for the lot owner when carrying out changes to their lot?
• QUESTION: Our byLaws state that laundry cannot be viewed from outside the property. What is the intent of the Appearance of the Lot byLaw? Is it that a property on a higher level should not be able to view the laundry or does it relate to laundry visible from common property?
• QUESTION: We are seeking approval to install new laminate flooring in our apartment. Strata tell us the flooring must be installed by the building manager. Is this reasonable?
• QUESTION: We would like to add a second story to our freestanding unit. Do I need unanimous approval for renovations from all lot owners before I can proceed to put a building application to the council?

Question: In a three-lot scheme with boundaries defined by section 3AB, does a lot owner need approval to paint or replace their roof, and can they freely change the colours of external walls and roofs as long as they aren’t drastically different?

I am a lot owner in a three-lot scheme. At a recent AGM, our strata manager stated that as our lot boundaries are provided by Section 3AB, lot owners do not have to seek approval to paint, replace roofs, etc.

The strata manager also advised that our roofs and external walls do not have to be uniform in colour and that we can change the colours of external walls and roofs without approval as long as these are not glaringly different.

Answer: There is the opportunity to upgrade and refresh the appearance of the building within reason.

Whilst referring to the enquiry, I will confirm the following:

Boundaries

It is stated that the boundaries of the three lot scheme are covered by Section 3AB.

Section 3AB definition is now contained within Schedule 2A Part 2 – Lot Boundaries of the STA.

Alternative boundaries for lots in single tier strata schemes

1. If this clause applies, the boundaries of a cubic space referred to in paragraph (a) of the definition of floor plan in section 3(1) are, regardless of the exact location of the lines referred to in that paragraph —
   
   1. the external surfaces of the building occupying the area represented on that floor plan —
      
      1. including any thing that —
         
         1. is attached to and projects from the building; and
         2. is prescribed by the regulations to be included as part of a lot;

      but

      2. excluding any thing that is prescribed by the regulations not to be included as part of a lot;

   or

   2. despite paragraph (a), if 2 lots —
      
      1. have a common or party wall, the centre plane of that wall; or
      2. have buildings on them that are joined, the plane or planes at which they are joined.

What does the STA mean when it states “including anything that” –

1. is attached to and projects from the building; and
2. is prescribed by the regulations to be included as part of a lot

The answer is found in the Strata Titles General Regulations 2019 (STGR) Schedule 1, Reg 4.

Reg 4. Boundaries of cubic space — things that are included

The following things are prescribed for the purposes of Schedule 2A clause 3AB(1)(a)(i)(II) as things to be included as part of a lot —

1. hot water systems;
2. refrigeration, air conditioning and cooling or heating plant or equipment;
3. antennae or aerials for telecommunication;
4. skylights;
5. chimneys;
6. roof ornaments;
7. pipes, wires and cables;
8. awnings, blinds, shutters and window grilles;
9. light fittings;
10. meter boxes;
11. signs;
12. renewable energy systems (such as solar panels or wind turbines);
13. any thing of a kind similar to any of the things referred to in paragraphs (a) to (l).

All these listed attachments and things are part of the building.

The STGR also goes on to explain the following in Schedule 1, Reg 5:

Reg 5. Boundaries of cubic space — things that are excluded

The following are prescribed for Schedule 2A clause 3AB(1)(a)(ii) as things that are not to be included as part of a lot unless they are shown on the floor plan in respect of that lot —

1. (a) patios;
2. (b) carports and pergolas;
3. (c) enclosed rooms;
4. (d) storage rooms;
5. (e) any structure of a kind similar to any of the structures referred to in paragraphs (a) to (d).

It’s important to observe that Sch1 Reg 5 states – “unless they are shown on the floor plan of the lot”.

This will mean that those items referred to in Sch1 Reg 5 are not part of your lot and are common property.

In many older strata plans (pre 1985), even though the carport is attached to the building (the lot shown on the strata plan) and it is made from the same brickwork and same coloured roof tiles, it is common property as is not shown on the floor plan.

That is why the Merger Options came out in 1997. A story for another article.

Now, after explaining the Section 3AB ground rules, we have the question of the by-laws contained in Schedule 2 of the STA.

13. Notice of alteration to lot

An owner of a lot must not alter or permit the alteration of the structure of the lot except as may be permitted and provided for under the Act and the by-laws and in any event must not alter the structure of the lot without giving to the strata company, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.

14. Appearance of lot

An owner or occupier of a lot must not, without the written consent of the strata company, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

15. Decoration of and affixing items to the inner surface of the lot

An owner or occupier of a lot must not, without the written consent of the strata company, paint, wallpaper or otherwise decorate a structure that forms the inner surface of the boundary of the lot or affix locking devices, flyscreens, furnishings, furniture, carpets and other similar things to that surface, if that action will unreasonably damage the common property.

Unless everyone in this three lot scheme agrees on different colours, you must have the same colour.

For something to be in keeping with the rest of the development, it could be similar or the same design features or in keeping without rigidly enforcing like for like.

Some things aren’t made the same compared to 30 or 40 years ago, and some new items or “things” are better.

There is the opportunity to upgrade and refresh the appearance of the building within reason.

Consideration should be given to whether or not anyone else can see it and would it detract?

Shane White
Strata Title Consult
E: [email protected]

This post appears in Strata News #745.

Question: What are the insurance implications if owners remove grab rails without permission in an over 55s complex?

I recently moved into an over 55s complex of 10 units. The units were built in 1994 and specified as over 55s. All ten units have grab rails in the bathroom. There are two rails in the shower and one beside the toilet on the wall.

One owner has renovated their bathroom and removed handrails without notifying the manager or seeking any permission from the committee.

1. Can owners remove installed railings?
2. Does this impact the strata insurance and any claim that may arise through a fall/accident in the bathroom where rails have been removed?

Answer: If you become aware of a hazard/risk, raise your concerns with your strata company.

As the complex is for over 55s, there are a number of variables when answering these questions. The response is dependent on strata company boundary definitions, scheme by-laws, contractual obligations and possibly your scheme-specific procedures set out by the resident’s committee.

There is a potential that there are rules/regulations for your scheme that do not allow owners to remove the installed railing. We suggest checking with your strata company via your strata manager and/or resident committee in the first instance.

This applies to any renovations you are considering carrying out within or outside your unit. It would be prudent to refer your proposal to the strata company in the first instance to ensure you comply with scheme-specific procedures and the Strata Titles Act 1985 (STA).

In relation to insurance, please understand that providing information pertaining to insurance can only be done by a suitably qualified person (insurer/broker).

Pursuant to Section 97 of the STA, the strata company must ensure that insurance is in place for all insurable assets of the scheme to replacement value and the strata company must be insured against damage to property, death, bodily injury or illness for which the strata company could become liable. Insurance policies that are taken out by the strata company, should only cover items that the strata company is responsible for.

If you become aware of a hazard/risk, we suggest raising these concerns with your strata company via your strata manager, resident committee, or insurance broker/insurer immediately.

ESM Strata
E: [email protected]
P: 08 9362 1166

This post appears in the December 2024 edition of The WA Strata Magazine.

Question: Our council members wish to install a convex traffic mirror on the corner of a unit in our community. The council states they have the lot owner’s consent. As the mirror would be a structural alteration, would this require the approval of all owners?

Answer: Would the installation be considered a structural alteration?

I will assume that the boundaries of the lot are external surfaces, given that consent from the unit owner was required for installation.

Structural alterations to a lot: these require an application for approval of the structural alteration of a lot under Section 89(1) of the Strata Titles Act 1985 to be made to the strata company. See Sections 86 to 90 of the STA1985 and Regulation 75 of the Strata Title (General) Regulations 2019:

• the open space or plot ratio requirements of the local authority which apply to the strata scheme as a whole and the particular lot;
• the percentage and area by which these will be exceeded.
• the dimensions of the structure when it is completed.
• the location and dimensions of the proposed structure upon its completion in relation to any existing structure on the lot or to the boundaries of the lot.
• whether the structural alteration to the lot changes the boundaries of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of the structural alteration.

The vote required is a resolution without dissent. However, the regulations set out the reasons a lot may vote against an application for alteration.

The big question is whether the proposal would be considered a structural alteration. You may wish to seek legal advice on this. The Act provides that for the purposes of the definition of structure in section 86, “the things classified as a structure are any dwelling, shop, factory, commercial premises, garage, carport, shed or other building or improvement (whether free standing or annexed to or incorporated with any existing building on the lot) —

1. the construction or erection of which is required to be approved by the local government or any other authority; or
2. the area of which is to be taken into account for the purposes of determining the plot ratio restrictions or open space requirements for the lot.”

Luke Downie
Realmark
E: [email protected]
P: 08 9328 0999

This post appears in Strata News #709.

Question: Several lots in our strata scheme would like to install a smart lock. As an improvement to common property, what are the approval requirements and what resolution is required?

Several lots in our strata scheme would like to replace their current door lock with a compliant, fire-rated smart lock costing around $800 per lot.

As an improvement to common property, what are the requirements to approve this? Would this require a resolution without dissent, special or ordinary resolution?

Answer: A special resolution would be required if you own the door. A resolution without dissent would be required if the door is common property.

As with innovation, new changes will always be upon us, and these things can manifest themselves in different ways.

This is an interesting topic, but as usual, there is insufficient information provided to deliver the most appropriate answer.

First off, what are the boundaries of the strata scheme, as they aren’t all the same?

How many lots are there in the strata scheme? Is it a multi-floor development?

The Boundaries

The boundary definition on the strata plan will indicate whether the door is part of the common property or part of the lot.

The By-laws

Consideration needs to be given to by-laws 13 and 14 in the standard by-laws contained in the Schedule 2 Conduct list.

13. Notice of alteration to lot

An owner of a lot must not alter or permit the alteration of the structure of the lot except as may be permitted and provided for under the Act and the by-laws and in any event must not alter the structure of the lot without giving to the strata company, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.

14. Appearance of lot

An owner or occupier of a lot must not, without the written consent of the strata company, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

Once establishing the ground rules, we can try to understand the approval procedure that the strata company has to deal with.

Door locks come in various shapes, types and sizes. Access can be achieved by – keyless, fingerprint, iris, fob, number code, wifi or biometric sensors.

I must elaborate on the types of door locks first. No strata company will keep spare keys for you or accept responsibility for your door codes.

A simple google search revealed a number of different looking locks.

Does the strata company already have a door lock policy?

In most cases, the strata company may prefer a set type and size of door lock so that consistency of appearance is maintained.

Most electronic gadgetry would require some form of power, i.e., “a battery”. This is just another thing that can go flat and prevent access.

As far as I can see, a special resolution would be required if you own the door.

A resolution without dissent would be required if the door is common property.

It’s all sounding very James Bond, like requiring Q to give usage instructions.

Shane White
Strata Title Consult
E: [email protected]

This post appears in Strata News #694.

Question: A lot owner has requested permission to add roller shutters to their windows and external awnings attached to the common property. Does the vote have to be unanimous or a majority?

We area 90s built strata property. A lot owner has requested permission to add roller shutters to their windows and external awnings attached to the common property.

The requests have been added to the AGM agenda for a vote. Does the vote have to be unanimous or a majority? Also, what is the difference between an ordinary and a special resolution? We have never understood the difference when trying to work out voting rules.

Answer: We outline three options for achieving the desired outcome, along with the relevant sections of the Strata Titles Act (STA) that govern these options.

Please note: We included a response to this question in the February edition of The WA Strata Magazine. After receiving audience feedback, the article was removed from the magazine and updated to include more information.

What are the ground rules for this answer?

Firstly

What are the boundaries of the strata scheme, particularly the buildings:

• Common property, OR
• Part Lot

These two things can have a great impact on the answer due to that uncertainty and the options available to the owner in each instance.

There is the assumption from the information given (assumption by the writer of the question) that the “alterations” will be going on common property. (So, let’s run with that assumption as the strata plan is not available).

What Resolution is Required?

The owner of the lot doesn’t own the walls or the windows (assuming that the boundaries are covered under section 3(2)(a) of the STA).

The owner would own the internal surfaces of the floor, walls and ceilings, this leaving all the walls, doors and windows forming the boundary of the lot as common property.

Option 1

Section 43 – EXCLUSIVE USE

Exclusive Use is covered under section 43 of the STA and requires a Resolution Without Dissent (RWD).

This entails a general meeting with a favourable result, and a letter of consent from the owner getting the benefit of the exclusive use see section 43.(5) STA.

A suitably drafted by-law setting out the terms and conditions of such use as per section 43.(2) and (3) STA.

A description of where the exclusive use area is located by narrative or defined by a sketch done by a Surveyor.

This briefly means that if you install it, you must maintain it as if it was common property owned by the strata company. (see Section 91(1)(c) STA).

Option 2

Section 64 – COMMON PROPERTY (UTILITY AND SUSTAINABILITY INFRASTRUCTURE) EASEMENT

1. This section applies if —
   1. a strata company has entered into a contract (an infrastructure contract) with a person under which the person owns and operates utility infrastructure or sustainability infrastructure on common property in the strata titles scheme; and
   2. this section is applied to the infrastructure contract by ordinary resolution of the strata company.
2. An infrastructure contract must —
   1. specify the common property over which there is an easement under this section; and
   2. specify the infrastructure to which the easement applies.
3. The person (the infrastructure owner) who, from time to time, owns the infrastructure the subject of an infrastructure contract has an easement over the common property specified in the infrastructure contract that entitles the infrastructure owner —
   1. to install and remove the infrastructure specified in the contract; and
   2. to operate that infrastructure; and
   3. to examine, maintain, repair, modify and replace that infrastructure.
4. The easement is subject to any conditions set out in the infrastructure contract (as in force from time to time).
5. The infrastructure contract may be varied by agreement between the strata company and the person who is the infrastructure owner from time to time.
6. The easement ceases to exist if the infrastructure contract is terminated or otherwise ceases to have effect.
7. The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the enjoyment and use of the common property.
8. The regulations may —
   1. specify special procedures for notice or voting on the resolution required for the application of this section; and
   2. set out terms and conditions that are to be taken to be implied in an infrastructure contract; and
   3. otherwise regulate the rights and obligations of the strata company and the infrastructure owner.

The affixing of an awning or roller shutter would be a sustainability item whereby the lot owner would achieve a reduction in the transference of heat or cold.

These two options provide very similar requirements for approval but the resolution required is different.

Option 3

This is an option that I would put out there that would also achieve the same outcome.

Section 91. General Duty

1. A strata company must —
   1. [deleted]
   2. control and manage the common property for the benefit of all the owners of lots; and
   3. keep in good and serviceable repair, properly maintain and, if necessary, renew and replace —
      1. the common property, including the fittings, fixtures and lifts used in connection with the common property; and
      2. any personal property owned by the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause.

   [(d)-(k) deleted]

2. A strata company may improve or alter the common property in a manner that goes beyond what is required under subsection (1).

Note for this subsection: Expenditure above a certain amount incurred for the purposes set out in subsection (2) must be authorised by special resolution, except for expenditure on sustainability infrastructure, which may be authorised by ordinary resolution: see section 102.

What if the strata company approved proposals that owners could improve the common property on the basis that it was self funded by the lot owner?

The conditions of approval would be subject to either option 1 or option 2 above. A License doesn’t apply.

The following paragraphs have been taken from SAT Case [2023] WASAT 101. Saje and Sampson. [in Italics]

While the strata company can make improvements or alterations to the common property as provided for in s 91(2) of the ST Act, the same provision is not afforded to lot owners.

A licence would be available for someone who wants to have, say a shop, on the common property. Further, a licence has to be to a third party, but not to a member of the strata company, which is the case here. However, it does not mean that the strata company can issue a licence to a member of the strata company to build unauthorised structures on the common property or to increase the size of a lot or to change the lot borders.

The ST Act does not have a provision to allow a licence for structural alterations to the common property by lot owners. In any event, a lot owner cannot build structures that change lot boundaries.

The context of these statements relates to the Strata Company inappropriately using the facility of the provisions of a license incorrectly.

To be clear, under the ST Act each lot owner has an undivided share in the common property and therefore all of the owners must consent to alterations to such common property before they may occur. This is an underlying principle of the management and control of common property under the ST Act: see Maber & Anor and The Owners of Strata Plan 11391 [2007] WASAT 99 at [29] and Pitsikas and Grimes [2009] WASAT 80 at [24]

There is also an underlying assumption in the ST Act that a lot owner must seek approval from the strata company for a ‘structure’ to be located on common property prior to doing any works on the common property. The owner who fails to seek approval from all fellow owners (that is, the strata company) by having a ‘structure’ located on the common property may be required to remove the ‘structure’ and restore the common property. This occurred in Wong v Reid [2016] WASC 59 (Wong v Reid) where the Supreme Court dismissed Mr Wong’s application seeking leave to appeal against the decision of the Tribunal requiring Mr Wong to remove a wall he had constructed on common property in a strata scheme without consent of all of the owners in the strata scheme and to arrange for the reconstitution of the garden on the common property.

The Resolutions

The details about resolutions can be found at Section 123 STA.

Shane White
Strata Title Consult
E: [email protected]

This post appears in Strata News #684.

Question: I’d like to relocate our hot water system (HWS) from an internal space to our balcony. The HWS it will not be visible from the exterior of the unit.

Answer: The owner would need to obtain permission from the strata company to have a hot water system installed to a balcony wall.

There are several factors to consider when answering this question. 

First of all, if it is a gas hot water system, it must be relocated to the external area as gas HWS are no longer allowed to be kept indoors. In this case, personally, if an external position can be found which is not obtrusive, the new HWS cannot be seen from the front of the complex and the installation is not negatively impacting the visual aesthetics of the building, then the strata company should come up with a policy. This policy could be used for all units as we assume it would be the same for everyone in the building. 

Secondly, we would need to know what the lot boundaries are, so without having seen the strata plan, we cannot really answer this question. 

However, assuming that the boundaries are the inner surfaces of the wall, to the upper surface of the floor to the underside of the ceiling, hence the external walls are common property and the HWS cannot or is not desired to be replaced in its original position, in our opinion the owner would need to obtain permission from the strata company to have a hot water system installed to a balcony wall. Permission can be granted by the following ways: 

• Enter into an infrastructure contract with the strata company to vote on a common property easement under Section 64 by an ordinary resolution;
• Adopt an exclusive use bylaw under Section 43 at a general meeting/outside meeting resolution by a resolution without dissent;
• Enter into a lease agreement with the strata company over common property under Section 93 (2) (c) by a resolution without dissent;
• Grant the owner a license of common property subject to Section 91 (1) (b)

This advice does not constitute legal advice and we recommend that the owner obtains their own legal advice to suit the circumstances.

Marietta Metzger
magixstrata
E: [email protected]
P: 08 6559 7498

This post appears in the March 2023 edition of The WA Strata Magazine.

Question: We own a duplex in WA and are looking to renovate. Are duplexes bound by the same approval process as larger strata complexes?

Answer: Yes, if your property is strata titled it is governed by the same strata titles act as any larger strata titled property.

Jordan Dinga
Abode Strata
E: [email protected]
P: 08 9368 2221

This post appears in Strata News #630.

Question: A lot owner has installed a pergola on exclusive use common property without approval. The Council of Owners will not take action. As a lot owner, how to I incite action?

An owner in our strata complex has erected a pergola extension on the common property exclusive use area without receiving the written approval of the Strata Company even though our by-law mentions “… provided that no registered proprietor shall alter, modify, erect or carry out any improvements on the common property for exclusive use has been granted without first receiving the written approval of the Strata Company. Further, a registered proprietor shall not seek or apply to the WA Planning Commission, Local Authority, or any other statutory authority for a change of use of the exclusive use areas as marked on the plan, without first obtaining the written approval of the Strata Company.”

The owner, the Council of Owners and the other owners ignore this breach of a by-law. What’s the best action to rectify this breach?

Answer: Alert your Council in writing that you wish to include a motion on notice at the next general meeting to address this matter.

Common property is owned jointly by all owners as tenants in common. To install items onto the common property, an owner must have the approval of the Strata Company. Please see Sections 135, 45 and 47 mentioned below:

Section 135 Functions and constitution of councils

1. The functions of a strata company, subject to this Act and to any restriction imposed or direction given by ordinary resolution, are to be performed by the council of the strata company.
2. The council of a strata company must be constituted and perform its functions in accordance with this Act and the scheme bylaws.

Section 45(2) Application of scheme bylaws

Each person to whom scheme bylaws apply must comply with the bylaws as if the bylaws were a deed.

Section 47(1) Enforcement of scheme bylaws

A strata company may –

1. give a written notice to a person alleged to have contravened the scheme bylaws; or
2. apply to the Tribunal under this section for an order enforcing scheme bylaws.

In a recent decision of the State Administrative Tribunal, an owner was ordered to remove an item that was installed on common property; where there was no exclusive use bylaw for the specific item and no licence deed or easement for the item which was actually granted by the Council of the Strata Company.

The moral of the story is – start how you want to finish. If all owners don’t play by the same rules, (and those rules are not enforced), it can result in an array of unauthorised and potentially unsafe installations to common property.

Alert your Council in writing that you wish to include a motion on notice at the next general meeting to address this matter. If your elected Council refuses to take action, there is an avenue for individual owners to call an extraordinary general meeting, or make an application to SAT to have the matter heard, for failure to enforce the scheme bylaws.

ESM Strata
E: [email protected]
P: 08 9362 1166

This post appears in the December 2022 edition of The WA Strata Magazine.

Question: Our by-laws say a structural alteration can be approved by the managing agent or council of owners. Isn’t this in conflict with section 87 of the Act?

Our strata has a by-law that says a structural alteration can be approved by the managing agent or council of owners. Isn’t this in conflict with the Strata Titles Act 1985, section 87 which says structural alterations need to be expressed by resolution without dissent of the strata company?

The by-law says:

Façades of the building

1. A proprietor, occupier or other resident shall not modify, alter or erect or carry out any works to the facades of the building without the prior written approval of the council.
2. Notwithstanding any other by-law, a proprietor of a lot shall not install or affix any structure, improvements or enclosures to a balcony or an external wall, roof or surface of the building unless it has been approved in writing by either the managing agent or the council of owners.

Answer: Section 87 refers specifically to structural alterations, whereas your by-laws refer to the facades of the building and any modification to the facade.

Section 87 refers specifically to structural alterations, whereas your by-laws refer to the facades of the building and any modification to the facade. Therefore as they refer to two different items, there does not appear to be a conflict.

In relation to Section 87 of the Act, it does confirm that a Lot Owner must not cause or permit the structural alteration of the lot unless they have prior approval, expressed by resolution without dissent. Section 89 and Section 90 also further clarifies the approvals and objection process. Section 123 (2) also confirms the details of a resolution without dissent. By-laws cannot contravene existing legislation, however, in this case they are referring to separate matters.

For example, the installation of an air-conditioner, front security screen door, awnings, patio blinds etc are not structural alterations but amendments to the façade and hence the Strata company wants to ensure that these items have written prior approval. The by-laws you refer to are similar to the Schedule 2 13 – Notice of alteration of Lot and 14 Appearance of Lot by-laws.

The Strata Titles Act doesn’t define “structural”, but if we reviewed the Standards Australia Handbook it notes Structural is “describing an element or part of a building or structure that carries or transfers a load in addition to its own weight, as opposed to partitions, joinery or finishes”. Examples of structural changes would be moving or altering load-bearing walls or load-bearing roof elements such as rafters.  

If any amendment is a structural alteration though, it will need to be adhered to and managed via the process of Sections 87 and 89 of the Act.

Jamie Horner
Empire Estate Agents
E: [email protected]
P: (08) 9262 0400

This post appears in Strata News #608.

Question: During the selling process, our buyers want confirmation of Strata approval of the patio in our rear exclusive use yard. What time frame does the council of owners have to respond to our request?

We have an unapproved patio in our rear exclusive use yard. There are a total of five unapproved patios in our scheme. We have sold our property and our buyers want confirmation that Strata approves of the structure.
We have written asking for strata council of owners permission.

What time frame does the council of owners have to respond to our request?

What happens if the council of owners ignores our request?

Answer: The Council does not have specific timeframes in relation to the approval for an installation of a structure in common property.

Our comments below are provided without seeing the Strata Plan or the Exclusive Use bylaw that is referred to in the question below.

An exclusive use area is common property albeit that an owner has been granted use of that area. This exclusive use is granted via a Resolution Without Dissent at a General Meeting and MUST be lodged on the Strata Plan.

Any/all guidelines in relation to the “use” of that area should be documented in that Exclusive Use Bylaw, including who maintains it, insurances required, installations/changes to the area etc.

So the first item to check is the wording within the registered Exclusive Use bylaw. If the Ex Use bylaw is not registered on the Strata Plan then the area reverts to common property.

The Council of Owners are unable to provide permission or approval for the installation of a structure within the common property unless the Ex Use Bylaw provides them the ability to do so, or if the matter has been agreed to at a general meeting of the owners.

The Council does not have specific timeframes in relation to the approval for an installation of a structure in common property. If the ex use bylaw does not provide specific details for the installation of structures into the Ex Use areas, then the matter would need to be referred back to all owners at a General Meeting.

The Council are required to convene an Extraordinary General Meeting of the Owners if they are requisitioned by 25% or more of the proprietors, or of the Unit Entitlement of the complex.

If the owners want to obtain the patio approvals form 50% of the Unit Entitlement for the scheme, these owners may convene an Extraordinary General Meeting if the Council has not done so within 21 days of the original request.

It may be prudent to provide all of the approval documents from the Local Authority, (showing they have approved the patio in the exclusive use area) to the Council of Owners and the Strata Manager providing a timeline for their response ie: 14 or 21 days. In this document you should be requesting the convening of an EGM to provide approval for the patio in your exclusive use area. If no response is received you may wish to obtain legal advice and see if you are able to pursue the matter via SAT for resolution.

Shelley Fitzgerald
Emerson Raine
E: [email protected]
P: 9330 3959

This post appears in Strata News #552.

Question: We are being charged $2000 to return a fire door to its original condition after the previous owner installed a deadbolt and peephole. Is this our cost to rectify?

Strata recently emailed us to say we’d made unapproved changes to our front door by installing a deadbolt and peephole. We bought the apartment two years ago and these changes must have been made by the previous owner.

The strata company is claiming we need to pay $2,000 to have a new fireproof door installed as the deadbolt and peephole has affected the fire rating of the door.

Are we responsible for the cost of returning the door to the original condition?

Answer: The person purchasing has a responsibility to obtain the information they require before purchasing.

Most apartments in high rise complexes have a fire door fitted as the front door to the apartment. In many cases, these doors are common property however this can only be determined by viewing a copy of the Strata Plan.

These fire doors have a rating attached to them and normally have a plate fitted to the spine of the door showing what the rating is ie: 1 hour, 1.5 hours etc. Replacement fire doors may cost $2500 or more.

These doors form part of the fire and safety infrastructure of the building. Fire doors create a passive fire safety system, protecting buildings from the spread of fire by confining them to a specific area for a designated period of time.

If the door is common property, then before any changes are made to the door you will require Strata Company approval.

The fitting of hardware to the door, if not fire rated, may compromise the door and therefore deem it to be non compliant. Once a fire door is non compliant then the intent of the door to confine a fire for a period of time may be lost. If a fire door is non compliant then it can cause further complications, not only to the safety of the resident of that apartment, but all residents in the complex and the Strata insurance cover etc.

The responsibility for the apartment, including fittings/installations etc, pass on with the ownership of the property. The duty of disclosure responsibility is with the person selling the property. The person purchasing has a responsibility to obtain the information they require before purchasing.

The replacing of the door may not be required. My understanding is that a locksmith can assist in providing you with some of the options regarding the current hardware and a changeover to new (fire rated) hardware. If the Strata Company were to approve it, you may be able to fit a blanking plate to where the deadbolt was fitted. The blanking plate is a fire rated product, or the Strata Company may approve a replacement (fire rated) deadbolt.

Obtaining approval from the Strata Company for a peephole may give you an option to remove the current and fit a new fire rated peephole. Please remember to keep your documents to prove the fire rating of the new fixtures.

Your initial step may be to obtain advice from a locksmith in relation to either blanking off the current installations or replacing them with fire rated products. Whether you want to go with blanking off or new installations you will need to request approval from the Strata Company to be able to progress, and they will want you to identify what you are intending to fit.

I would footnote this response with the fact that this is a general comment, it is not legal advice and the owner may wish to obtain independent legal advice on this matter.

Shelley Fitzgerald
Emerson Raine
E: [email protected]
P: 9330 3959

This post appears in Strata News #551.

Question: What must be included in a lot owner’s renovation request submission for the next AGM?

We are a single tier complex of 7 units. A lot owner has requested permission to add a structure that will be attached to the back of their unit.

What must they include in the submission for the next AGM? We wish to ensure that, if and when the addition is approved, the correct information is included in the minutes. We are concerned about how to record that the request has been approved for both now and in the future in case of any potential issues that arise due to the work.

Answer: An application for alteration to a lot must set out certain details that are prescribed under the general regulations.

Given that your question references the addition of a structure to the back of the unit it is important to determine if the new structure is being erected on the lot or common property. Erection of a structure on the common property for the sole use of a single lot is not advisable and potentially not compliant under the Strata Titles Act 1985 (STA1985).

Section 86 of the STA1985 states that “structural alteration of a lot means — (a) the erection of a structure within the lot; or (b) an alteration of a structural kind to, or extension of, a structure within the lot; structure includes anything classified as a structure by the regulations”.

Section 73 of the General Regulations defines a structure as “… any dwelling, shop, factory, commercial premises, garage, carport, shed or other building or improvement (whether free standing or annexed to or incorporated with any existing building on the lot) — (a) the construction or erection of which is required to be approved by the local government or any other authority; or (b) the area of which is to be taken into account for the purposes of determining the plot ratio restrictions or open space requirements for the lot.”

Given your complex is a 7 lot scheme (assuming it is strata title and not survey strata) the alteration would require prior approval expressed by resolution without dissent (no vote against). Alternatively, prior written approval from each lot which are unconditional or contain the same conditions can be served on the strata company to gain approval.

A vote on the proposal must be cast against or for the resolution. Any vote against must state the grounds for the vote against and must be one of the grounds contained within section 87(5) which states:

1. that the carrying out of the proposal will breach the plot ratio restrictions or open space requirements for the lot; or
2. in the case of a lot that is not a vacant lot, that the carrying out of the proposal —
   
   1. will result in a structure that is visible from outside the lot and that is not in keeping with the rest of the development; or
   2. may affect the structural soundness of a building; or
   3. may interfere with a statutory easement.
   4. that the carrying out of the proposal will contravene a specified by-law or specified by-laws of the strata company;
   5. that the carrying out of the proposal may interfere with a short form easement or restrictive covenant or any other easement or covenant affecting the parcel that is shown on the scheme plan or registered against the parcel.

An application for alteration to a lot must set out certain details that are prescribed under regulation 75 the general regulations. These are:

75. Application for approval of structural alteration

1. For the purposes of section 89(1), the following information is prescribed —
   
   1. plans and specifications for the structural alteration;
   2. the additional information prescribed for the type of structural alteration concerned by this regulation.
2. The following additional information is prescribed for a structural alteration of a lot on a strata plan —
   
   1. the plot ratio restrictions and open space requirements in relation to the parcel;
   2. the pro rata entitlements of the lot (calculated as provided for by regulations 7 and 8);
   3. if the application is approved, the area of the structure, including the area of all existing and proposed structures to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements;
   4. whether or not the carrying out of the proposal will breach the pro rata entitlements of the lot and, if it does, the percentage and area by which the pro rata entitlements of the lot is exceeded;
   5. the location and dimensions of the proposed structure upon its completion in relation to any existing structure on the lot or to the boundaries of the lot;
   6. any contravention of the by‑laws of the strata company, whether of a permanent or temporary nature, which is likely to occur during or as a result of the erection, alteration or extension of the structure, and any proposed manner of dealing with that contravention;
   7. any likely interruption to or interference with any statutory easement, short form easement or restrictive covenant or any other easement or restrictive covenant affecting the parcel that is shown on the scheme plan or registered against the parcel, whether of a permanent or temporary nature;
   8. whether the structural alteration of the lot changes the boundaries of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of the structural alteration.

The process required for handling an application is also very stringent and imperative to the legitimacy of the process. For example, an application received must be open for voting within 35 days of being received. The chairperson of the meeting that is considering the application must read the prescribed statement prior to the alteration being voted on. The prescribed statement is contained in the general regulations and amongst other things outlines the valid reasons for a vote against the proposed alterations.

Luke Downie
Realmark
E: [email protected]
P: 08 9328 0999

This post appears in the September 2021 edition of The WA Strata Magazine.

Question: What is the correct procedure for the lot owner when carrying out changes to their lot?

I recently purchased a strata title property. The strata consists of 3 townhouses. One townhouse is Owner Occupied, and the other is tenanted. There is no Strata Manager and no meetings etc. I really want to paint the exterior of my townhouse a different colour. When I asked the selling agent how to go about this, he said ‘just knock on the neighbour’s door and get the permission’.

Is that ok? I’m also planning to do some gardening at the front of the lot which I will maintain by myself to improve the appearance of the block. What steps do I need to follow to ensure I follow through with these changes correctly?

Answer: Before being able to progress with any works to the external areas such as painting or gardening, you have to be able to determine what you have purchased.

Congratulations on your new home. When purchasing your townhouse the real estate agent is required to provide you with copies of the Strata Plan for your scheme and the bylaws lodged on the Strata Plan.

There are several different types of boundaries that can be provided to a Strata Company and before being able to progress with any works to the external areas such as painting or gardening, you have to be able to determine what you have purchased. In some instances you may have purchased your townhouse and all of the external areas to the fence lines, deeming you to be a Survey Strata Complex. Or you may have purchased the internal cubic space or, you may own the structure to the external surfaces, and in some cases, you may own to the middle of the external brick walls. Sometimes people generalise and think that all strata plans are the same however they do vary quite a bit.

In most cases, if you are looking to change the external colour or aesthetics of your townhouse, you will need to apply for the Strata Company to approve it. To achieve this you will need to liaise with the owners of the other units, not the residents. They may all be owner/occupied which will make it easier, however, the owners collectively form the Strata Company and therefore it is the owners you need to speak with. You can certainly knock on the neighbour’s doors and seek that information. If they are tenanted then you may have to contact their Property Manager to obtain details for the owner.

If all 3 owners agree to any changes and sign or put that in writing, you may be able to proceed with your changes. Bear in mind that you have purchased into a community and one of the standard conduct bylaws that may be relevant to your Strata Plan provides the following:

14. Appearance of lot

An owner or occupier of a lot must not, without the written consent of the strata company, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

As a first step it would be great to find out who your neighbours are and maybe, once you have the contact details for the other owners, you can convene a meeting to discuss these issues. Once you have gathered then you may decide to have a consultant look at your plan and provide all 3 owners with a summary of the boundaries of your lots and confirm your bylaws. This information can be held by each of the townhouses and every owner is aware of their obligations in the future.

Shelley Fitzgerald
Emerson Raine
E: [email protected]
P: 9330 3959

This post appears in the March 2020 edition of The WA Strata Magazine.

Question: Our byLaws state that laundry cannot be viewed from outside the property. What is the intent of the Appearance of the Lot byLaw? Is it that a property on a higher level should not be able to view the laundry or does it relate to laundry visible from common property?

Answer: In general terms, the standard by-law means any laundry visible from anywhere outside the building, whether it’s a higher balcony, common property, or from the street.

Visible laundry is often a topic of conversation and it varies from complex to complex as to how strictly this by-law is enforced. In general terms, the standard by-law means any laundry visible from anywhere outside the building, whether it’s a higher balcony, common property, or from the street.

If your complex doesn’t provide designated areas for the air-drying of laundry, your next best options are either having a portable drying rack set up inside your apartment where it’s not visible from outside, or to seek written permission from your elected Strata Council to use a visible space such as a balcony or courtyard.

Your Strata Manager may also be able to provide guidance on whether there is precedence set in this regard at your complex, or provide further detail on your complex’s specific requirements.

Taryn Linfoot
Degrees Strata
E: [email protected]
P: 08 6244 4824

This post appears in the December 2020 edition of The WA Strata Magazine.

Question: We are seeking approval to install new laminate flooring in our apartment. Strata tell us the flooring must be installed by the building manager. Is this reasonable?

We are carrying unit renovations and asking for approval to install laminate flooring in our apartment.

We have organised the installation of the underlay and the flooring through an external flooring company, however, the strata is telling us that the building manager has to install and then look at the underlay laid down.

We want the whole process to be done by the professional flooring company. Is it reasonable for them to make this rule?

Answer: Internal fit out is the responsibility of each lot owner.

I find it difficult to understand why the building manager would have to carry out the install. What qualifications in this area does he have?

Is there a by-law in place concerning floor coverings and timber or laminated flooring?

If yes, I would like to see the wording. It could be deemed discriminatory. Internal fit out is the responsibility of each lot owner. They are the owner of that area and therefore they would approve who will enter their lot and perform the required work.

The responsibility of you as a lot owner is to comply with the by-laws. In this instant Schedule 2 Conduct by-laws item 10 Floor coverings clearly states:

An owner of lot must ensure that all floor space within the lot (other than that comprising kitchen, laundry, lavatory or bathroom) is covered or otherwise treated to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of an owner or occupier of another lot.

You would need to comply with this by-law and there may be a situation where the strata company needs to check the installation to ensure that it meets the requirements of the act and the by-laws.

As the type of flooring you are installing can be a sensitive issue to neighbours due to the potential noise transmission it is essential you keep your strata manager/council of owners fully informed as to what you are doing and the materials to be used.

Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]

This post appears in Strata News #348.

Question: We would like to add a second story to our freestanding unit. Do I need unanimous approval for renovations from all lot owners before I can proceed to put a building application to the council?

I own a unit which is freestanding and is part of a complex of 7 in WA. We are keen to add a small second story, which will obviously have to conform to all building regulations etc.

Do I need unanimous approval of all owners before I can proceed to put a building application to the council, etc?

Will the new WA Strata regulations impact the Strata approval process?

Answer: You will require a resolution without dissent at a duly convened meeting.

Please note: this response was provided prior to the proclamation of the new strata title amendments.

Alteration to lots are covered under Section 7 of the Strata Titles Act, 1985. In essence, you will require a resolution without dissent at a duly convened meeting at which you will need to have submitted full plans etc.

Section 7 explains the requirements and grounds for dissent.

Andrew Chambers
Chambers Franklyn Strata Management
P: 08 9440 6222
E: [email protected]

This post appears in Strata News #323.

Have a question about applying for unit renovations in Western Australia or something to add to the article? Leave a comment below.

Read next:

• WA: How Will the New Strata Titles Legislation Affect our Council of Owners?

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