Question: Before a decision to repair has been made, can a strata company raise levies to fund pool decking repairs?
Our strata company is concerned about the condition of the decking around our pool. Quotes to repair the decking were rejected at an AGM, and discussions with the builder regarding rectification are still ongoing.
While decisions about the next steps are in progress, can the strata company begin to raise funds? Our strata company clearly states on the levy notice that the additional amount is for pool decking.
Answer: While the strata company is responsible for ensuring that common property is properly maintained, the council of owners does not have the authority to impose additional levies on owners without a formal resolution of the strata company at a general meeting.
Under Section 91 of the Strata Titles Act 1985, the strata company has a statutory obligation to manage, control, maintain and, where necessary, repair or replace the common property of the scheme.
If the pool decking forms part of the common property, the responsibility for any required repair or replacement would therefore fall to the strata company. Ordinarily, such works would be funded through the approved annual budget, with appropriate allowances included in the administrative or reserve funds.
However, if quotes for the repair works were previously presented and not approved at the Annual General Meeting, and the council of owners is now considering proceeding with replacement works that require additional funding beyond the approved budget, the following would apply:
- The strata company cannot unilaterally increase levies or impose additional charges on owners.
- Any additional expenditure not already approved in the budget would need to be considered and resolved by the owners at a duly convened General Meeting.
- At that meeting, the owners would need to resolve to amend the budget and approve the raising of a special levy to fund the works.
Accordingly, while the strata company is responsible for ensuring that common property is properly maintained, the council of owners does not have the authority to impose additional levies on owners without a formal resolution of the strata company at a general meeting.
If the proposed works to the decking require funding that is not currently provided for in the approved budget, a general meeting of owners would need to be convened to consider and vote on the additional expenditure and any associated special levy.
The above information is general in nature and should not be considered legal advice. As we are not familiar with the specific circumstances of the strata scheme, including the registered strata plan and by-laws, you may wish to seek independent legal advice regarding the particular situation and obligations that may apply.
This post appears in the April 2026 edition of The WA Strata Magazine.
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
Marietta Metzger magixstrata E: marietta@magixstrata.com.au P: 08 6559 7498
