WA: Changing from Strata Title to another Title – Is this possible?

Question: How does the new WA Community Title Legislation impact existing strata schemes? Most of the information coming out seems to be aimed at land developers.

Is the new WA Community Title Legislation applicable to existing strata schemes? Most of the information coming out seems to be aimed at land developers

Will existing multi use strata scheme buildings, with constant in-fighting over management/common areas/cost allocations, etc. be able to adopt the community title format to try and offset some tension?

If so, what consequences might be anticipated in doing so, and would this entail the winding up of the strata scheme to facilitate a community title scheme?

Otherwise is there a better way, under the existing strata legislation, to tackle these issues?

Answer: The Community Title Legislation will have no impact on any existing strata scheme as it is for new developments.

The Community Title Legislation will have no impact on any existing strata scheme as it is for new developments.

Old strata schemes wanting to “swap over” to CTS would first need to Terminate their existing strata scheme.

This poses a whole raft of unique problems as far as the existing encumbrances on each Title in the scheme.

I would imagine that dealing with everyone’s Mortgagee or any Caveats or Leases that may have been registered will increase the degree of difficulty immensely.

Unfortunately, while the new CTS may offer what appears to be a greener pasture, there will always remain the problem of different opinions and egos, no matter which Act you are governed under.

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

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au