WA: Q&A Common Property and Strata Repairs – Who is responsible?

Who is responsible for repairing and replacing the gas hot water systems in each unit? Each unit is individually metered with its own supply connection. I’ve checked the Act and the Regulations, but cannot find the information.

Answer: If each lot has its own hot water system that only services its lot, it’s the lot owner’s responsibility to maintain and repair it.

The strata plan is the best document to check and the by-laws for your scheme. The Act and Regulations do not define this as each strata complex and its by-laws can vary. They only refer to hot water systems under section 3AB (small lot schemes).

Some buildings have large centralised common area tanks and piping. These are likely to be strata. If each lot has its own hot water system that only services its lot, it’s the lot owner’s responsibility to maintain and repair it. The hot water system is a lot owner’s fixture / improvement.

Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400

This post appears in Strata News #690.

Question: We have a survey strata with three dwellings. Our letterboxes are on common property. Two owners want to replace the old decrepit letterboxes with new ones, but one owner doesn’t. What’s the legal position here?

Answer: This isn’t the case of an owner carrying out alterations to common property. Two owners, as the strata company, are deciding to maintain the common property.

Assuming the letterboxes are on common property, I refer to STA section 91. General Duty.

91. General duty

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]

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.

Further reading of STA section 102 may be required.

The strata company has a statutory responsibility to maintain etc the common property as per STA section 91.

If the common property letterboxes are “decrepit” (not my assessment), then they can be replaced.

Who decides?

Expenditure required for maintaining, repairing or replacing is a “budget” related approval – majority approval.

I don’t know if this three lot scheme has an exemption by-law or has regular meetings, but I would recommend documenting something and issuing it to the third owner and indicating that it is a majority approval as the letterboxes are common property.

Regarding obtaining quotes for the replacement cost and what happens if the third owner doesn’t respond within a certain period:

Budget expenses are approved by majority decision. Advise the third owner of the cost and what their share of the contribution may be.

It doesn’t matter whether it is a survey-strata or a strata scheme. The same legislation applies to all strata lots – the common property must be maintained.

If the third owner doesn’t pay, advise them that the other two letterboxes will be replaced by two owners and funded by those two owners. [Peter paying Paul].

In this instance, this isn’t the case of an owner carrying out alterations to common property. Two owners, as the strata company, are deciding to maintain the common property.

I hope the postman enjoys the new letterboxes.

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

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

Question: The flooring of balconies is the responsibility of lot owners. Owners are not maintaining these floors. Should we repair the flooring using reserve funds?

Maintenance of our balconies is a strata company responsibility. The balconies need repair. However, lot owners are responsible for maintaining the balcony’s wooden flooring.

Lot owners have not been maintaining the wooden floors. How do we ensure this maintenance is carried out in the future? Should rectification be a lot owner cost, or should we use the reserve fund?

Answer: Strata company funds cannot be used on works that are the responsibility of lot owners.

I suggest reviewing the strata plan in depth. If the balconies are common property and need repair, the strata scheme should be repaired from strata funds. If the wooden floors are lot owner responsibility/ownership, each owner is responsible for maintaining the flooring at their own cost.

Strata company funds cannot be used on works that are the responsibility of lot owners, so the scheme should enforce maintenance by the lot owner. If the lot owner has failed to maintain a surface they are required to maintain, and this has caused damage to common property, the strata can seek costs for the damage. If your strata plan or by-laws are unclear, a by-law could be considered that provides clarity of maintenance, responsibility and costs for lot owner’s fixtures/improvements.

Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400

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

Question: In my townhouse complex, my unit is the only one without an anchor point. Is it my cost to install anchor points?

I own a townhouse in a coastal suburb south of Perth. The complex is a row of townhouses with common walls. Every other lot in the complex has an anchor point on its exterior wall to access the air conditioner unit for maintenance. The air conditioner is my property.

My lot does not have an anchor point for some reason. The strata company insists this is my cost. Should anchor points have been installed when the complex was built?

Answer: The boundaries of the strata scheme will have a great bearing on who should be responsible.

It is difficult to answer this question without viewing a copy of the strata plan. The boundaries of the strata scheme will have a great bearing on who should be responsible.

If the boundaries are to the external surface of the building (section 3AB), then the owner would be responsible.

If the boundaries are the inner surfaces of the floor, walls and ceiling (section 3(2)(a)), then the strata company would be responsible.

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

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

Question: Our letterboxes are constantly broken into. Who is responsible for better letterbox security? Are there options for us to consider?

Our letterboxes are located outside the front entrance of our building and are constantly broken into. Do WA strata laws and/or Australia Post allow letterboxes to be placed behind the security gate? If not, are lot owners responsible for the security of their box, or should strata pay to increase the security by providing better locks? Are there any other solutions.

Answer: Mail security is a topic strata companies and owners should consider, as mail theft can often lead to identity theft.

Strata letterboxes often sit on common property and therefore are the responsibility of the strata company unless there are by-laws in place that vary this.

In a situation where the letterboxes are on common property, it can be problematic for the strata company because lot owners often do not want the strata company to have a key to their letterbox. The strata company often avoids holding keys to lot owner’s letterboxes. To overcome this, it is not uncommon for a strata company to look towards implementing a by-law to make the lot owner responsible for their letterbox or at least its lock.

It may be possible to have your letterboxes relocated inside a secure area, depending on the dwelling. To establish if this is possible, contact Australia Post. They will usually do a site visit to determine if they are agreeable to the arrangement and, of course, sort out the method of access for their staff to deliver to the address. Australia Post has a document that clearly outlines its requirements for mailboxes and locations. You can access this document here: Appendix 2 – Street Mail Service Conditions of Delivery.

I have found that strata complexes face two common issues with the security of mailboxes. One is the lock’s quality, and the second is the ability for mailbox doors to be bent up to access mail inside the mailbox. Some considerations to overcome this are:

Consider upgrade of the quality of the lock to make it harder for the mailbox lock to be picked.

With aluminium letterboxes, consider reinforcement of the mailbox lid to prevent the lid from being folded to gain access.

Consider upgrade of the letterboxes, in general, to a more secure construction such as stainless steel.

Mail security is a topic strata companies and owners should consider, as mail theft can often lead to identity theft. I encourage lot owners living in an area or building where this is problematic to consider alternatives such as having a post office box. Australia Post also offers 24/7 Parcel Lockers in many areas that provide security for those larger deliveries.

Luke Downie Realmark E: ldownie@realmark.com.au P: 08 9328 0999

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

Question: I had a leak in a pipe servicing only my lot. Our strata manager says it is my problem to investigate and repair the leak, including if the pipes run under common property. Is this information correct?

I live in a single-tier complex of six units. Each unit has its own connection to water, gas and electricity.

After abnormally high water usage, I informed our strata manager about a possible leak. They stated that, because the leak was after the meter and was in pipes servicing only my lot, it was my problem. It was my responsibility to investigate and repair the leak. If the fault was beneath common or even other owners’ property, I had the right to dig up the area to fix the leak providing I replaced anything I disturbed.

I cannot find a reference to this rule in the strata act? Is this information correct?

Answer: If the leak is from the meter to your property, it is your responsibility to investigate and repair.

In relation to your water service and a potential leak, if the leak is from the meter to the front road / verge it falls under the Water Corporation responsibility. If the leak is from the meter to your property, it is your responsibility to investigate and repair. The water corporation does provide detailed information on this here: Detect a Leak.

The process to detect a leak must be undertaken by the occupant as all the taps etc must be turned off. If the water pipe does only service your lot then your Strata Manager will be referring to sections 62 through to 66 of the Strata Titles Act 1985 and common law and potentially your by-laws noting the Owner is required to repair, maintain their utility service that is granted over common property and the right to access common property / other lots to do so.

Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400

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

Question: Our strata is organising the repainting of fascias and gutters on our units. The units are all on private property. Can strata request the area be prepared by owners in readiness for painting?

Our strata is organising to repaint gutters and wood trims/fascias for our brick units. The units are all on ‘private’ property, not common property.

Can Strata demand owners carry out maintenance on these areas prior to painting? This maintenance is all on the privately owned units on private property. The items demanded to be ‘maintained’ do not endanger neighbours or common property.

Answer: The Strata Company may only expend levy contributions paid by lot owners for the management of common property – not private property.

The Strata Company has a general duty to control and manage the common property for the benefit of all of the owners of lots, and must keep in good and serviceable repair, properly maintain and, if necessary, renew and replace the common property.

In addition, the Strata Company must establish a fund for administrative expenses that is sufficient in the opinion of the Strata Company for the control and management of the common property, for the payment of any premiums of insurance and the discharge of any other obligation of the Strata Company.

Therefore, the Strata Company may only expend levy contributions paid by lot owners for the management of common property – not private property.

The building or structure within the lot for a survey-strata plan is the responsibility of the lot owner to maintain. The boundaries of the lot for a strata plan are in the form of a notation on the plan (but not in all instances). Your Strata Manager should be able to provide you with the definitive boundaries of part lot ownership and responsibility to maintain from the plan and the bylaws of the scheme.

It can be a challenge for the Council of the Strata Company to fulfil their obligations under the Strata Titles Act when all lot owners don’t share the responsibility of maintaining all of the structures, and by doing so, maintain a uniform quality and appearance of the scheme.

For example, you may have a single tier row of adjoining buildings, and each of them has 3AB boundaries, being the external surfaces. The lot owner at the bottom of the row of buildings adequately maintains his roof and gutters, but the remainder do not. This has resulted in water ingress into the lot at the bottom – of which the Strata Company insurance policy is required to pay for the internal resultant water damage.

The owner of a lot must ‘maintain and repair the lot, and keep it in a state of good condition, reasonable wear and tear’. If the lot owner fails to do so, the Council of the Strata Company may breach the lot owner for failing to comply with the scheme bylaws. Or, the State Administrative Tribunal may make a determination that the lot owner must take certain action to maintain their lot.

The Council of the Strata Company should not be expending scheme funds to engage specialist contractors to assess anything other than common property.

And so, where the Strata Company has limited jurisdiction over lot owners private property within the parcel, it is paramount to build a rapport between all owners so they may collaborate and achieve positive outcomes for the benefit of all. If a strong rapport does exist between all owners, an agreement could be reached by all owners to collectively arrange the work and contribute their portion of the costs through a single entity. However, the strata company could not force such an agreement for maintenance to individual lots, and certainly can’t expend funds for the completion of the works in the first instance.

ESM Strata E: mchurstain@esmstrata.com.au P: 08 9362 1166

This post appears in Strata News #618.

Question: The dryer in my apartment was installed as part of the original fit-out. It fell off the wall and damaged my washing machine. Who is responsible for the repair?

I purchased a new unit 5 years ago. It was fitted with a wall mounted clothes dryer as a part of the construction.

The clothes dryer has fallen off the wall damaging the wall and the clothes dryer and a washing machine (my own) situated below the clothes dryer.

Who is responsible for the repairs?

Answer: Internal appliances within individual lots are not common property.

Unfortunately that circumstance is not a strata company responsibility, as internal appliances within individual lots (like whitegoods as in this example) are not common property that is maintained by the strata company, even if they were installed as part of an original fit-out. We can only suggest that the lot owner refer to their own contents insurer and be guided by them accordingly.

Andrew Chambers Chambers Franklyn Strata Management E: andrew@chambersfranklyn.com.au P: 08 9200 4200

This post appears in Strata News #603.

Question: I own a unit in Perth. The building is about 20 years old. The intercom handset in my unit is not working. The strata committee says it’s up to me to replace it. Is this correct? The handset is part of a strata-wide system of comms for the front entrance. How can this be the owner’s responsibility?

Answer: It would be worthwhile to speak to the Strata Council and look to appoint a technician to attend to ascertain if it’s the handset/ cabling and then work out the responsibility based on any applicable by-laws and the technicians report.

The general duties of a Strata Scheme in WA is detailed under Section 91 of the Strata Titles Act, which states a strata company must keep in good and serviceable repair, properly maintain and, if necessary, renew and replace common property. If the intercom handset is not working and it is common property then it should be fixed or replaced by the Strata Company.

There are, however, some things that needs to be considered. Are there are enough funds in the budget and can the intercom can be fixed? The other consideration is that there are by-laws registered to each scheme that can also determine who is responsible for the maintenance, repair and replacement of items that only service one lot. As an example, cabling within the unit’s internal walls that only services the individual lot, pipes, cabling for phone or internet, tv cabling, electrical wiring, or similar that is for the exclusive use of the lot, may be deemed that Lot Owner’s responsibility.

It would be worthwhile to speak to the Strata Council and look to appoint a technician to attend to ascertain if it’s the handset/ cabling and then work out the responsibility based on any applicable by-laws and the technicians report.

Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400

This post appears in Strata News #597.

Question: In a 4-lot strata, lot 1 has a boundary side wall with a shire footpath. Are the other owners responsible for maintenance/repairs when there is no common property?

Answer: The footpath or public walkway external to the strata boundary wall is crown land, under the control of your Local Government.

I’m assuming you’re referring to a footpath (public walkway) which is external to the strata boundary wall. If so, the land is crown land, under the control of your Local Government.

The Local Council is responsible for the maintenance of street trees, pavement and crossovers (driveway entrances). Often Local Councils will only put in minimal effort to maintain these areas, and it’s left for Strata Companies to keep them in good condition – even though they’re not technically part of the Strata Company. If your scheme has a nature strip, your Strata Company is responsible for keeping the area tidy.

Also, many Local Councils are keen to work with Strata Company’s to ‘green’ verges. Your verge enhancement could include a native garden, waterwise garden or edible garden, and some Councils assist with project funding. You’re always encouraged to seek a response from Local Council as to what they can offer, and if there are any restrictions that should be noted for the verge.

ESM Strata Team ESM Strata E: esm.support@esmstrata.com.au P: 08 9362 1166

This post appears in Strata News #581.

Question: Does my antenna and the exterior part of my air conditioning unit belong to strata? Who is responsible for the maintenance?

Does my antenna and the exterior part of my air conditioning unit belong to strata? Who is responsible for the maintenance of these items? These two items were damaged in a storm, but my strata manager thinks it’s my responsibility to repair.

Answer: It will be dependent on where the boundaries are on this particular strata scheme, whether the boundaries go to the external surface plus attachments or if they are the internal surfaces of the walls, floor and ceiling.

There are two parts to this question. The first part will be dependent on where the boundaries are on this particular strata scheme, whether the boundaries go to the external surface plus attachments which would put it under Section 3 A B, or whether the boundaries are covered under Section 3 2 A where the boundaries of the strata lot are the internal surfaces of the walls, floor and ceiling, which would mean that the roof and the walls are common property. Regarding the air conditioning unit and antenna, unless there is a bylaw specifically giving the person exclusive use to have those items fitted to the building wherever the air conditioning unit is, that person would be responsible for their own maintenance. If it’s on a common property, then it might be the strata has to fix it.

The other part of the question relates to the insurance. Who has the insurance policy? If they’re all responsible for having their own separate insurance, then be up to their insurance policy. If it’s a one policy for the whole strata scheme, then it’s a strata insurance policy that the claim would need to be made through. Storm damage can cause electrical surges, fusion. The antenna could act as a lightning rod.

There are a lot of unknowns with that question but if there’s a policy for the whole strata scheme, the lot owner could make a claim against the strata insurance.

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

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

Question: Over the past two years, I’ve experienced problems with moisture and mould in a ground floor apartment. How do we resolve this?

I own and live in a ground floor apartment of a block of 12 units, 2 storeys high and built 5 years ago. I purchased into the complex 2 years ago.

Over those two years I have had a mould and dampness issue plus water dripping from the light above my alfresco area from the upstairs balcony. The Strata Manager arranged for a building inspector who has advised the following:

The dripping light needs to be investigated and rectified immediately. The Strata Manager has agreed the strata company will do this.

A reading of 38% moisture in an external bedroom wall on 29.12.21 – the unit had been vacant for 6 days prior with temps ranging between 38.6-43.5 degrees. The Strata manager has agreed to another moisture reading in a few months.

The exhaust fans need to be replaced with more efficient ones. This would be my responsibility. The building inspector further advised that he doesn’t believe these vents are vented externally and an electrician needs to investigate if they are or not. This needs to be done prior to replacing the fans.

If the existing air vents are not vented externally, is it up to the strata company to have this rectified? Should we be taking anything else into account?

ANSWER: You should engage a building consultant to attend the site and complete forensic investigations to identify the cause of the issue and make recommendations as to a remedial course of action to resolve the problem.

In the circumstance described in your alfresco area, it sounds like there may be a waterproof membrane issue relating to the balcony above that requires further investigation. A plumber would be able to conduct a flood test to further identify the source of the water ingress.

A reading of 38% is a high reading. The dry standard of plasterboard is no greater than 17.9%. The relative humidity should be checked and a further investigation carried out in the form of a moisture survey and mapping.

Some of the additional questions that should be asked are:

What is on the other side of the adjoining wall that is 38% (e.g. a bathroom)?

Does the wall have pipes?

Is there a garden bed or the like?

How high up is the 38% Moisture Content?

Is it isolated to only one small area?

Is there shade from trees or other buildings in the area in question?

There are many factors that should be considered when trying to determine the true extent of the issue and address both the underlying cause. Once this has been identified an informed course of action can be implemented to resolve this and any resultant damage.

If the exhaust fans are not being vented externally then the question needs to be looked at as to where high moisture air is going? In the case where it is simply recirculating in the room similar to that of range-hood, there is the potential for relative humidity to be high within the unit. This can be due to lack of airflow which can produce moisture issues, in such situations venting fans externally where possible is highly recommended and preferred with supporting mechanical components.

A potential option to assist in mitigating the issue in the short term may be through the installation of a dehumidifier if the problem is localised in a single/small “location”, to further compliment this the other alternative that can’t be understated is to keep windows open whenever possible to allow air exchanges in the instance where this is not a larger building related issue.

Sedgwick would recommend in this instance engaging a building consultant to attend the site and complete forensic investigations to identify the cause of the issue and make recommendations as to a remedial course of action to resolve the problem. To further compliment this we would also recommend a restoration consultant to assist with identification and/or monitoring of relative humidity levels, this may include the use of thermal imaging. This combined approach will ensure a complete identification of the issues and provision of a complete solution.

Ryan Richards Sedgwick E: Ryan.Richards@au.sedgwick.com P: 0420 961 402

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

Question: Our strata manager is pressuring the strata council to approve the cost of repair to the chairperson’s door frame. No clarification has been given about who is responsible for the repair. What do we do?

I have newly been elected to the owners council in WA and I’m receiving pressure from our strata manager to approve funds for repairs of a doorframe to the chairperson’s unit. The strata manager is unwilling to confirm if this repair is our responsibility, only that it is considered ‘general wear and tear’ and is not covered by our insurance.

I have reviewed our bylaws and the Act, but neither have provided any clarity. I do not feel comfortable approving without knowing. What should I do?

Answer: The most important thing to establish is what is written on the strata plan.

Congratulations on being elected to the Strata Council.

The most important thing to establish is what is written on the strata plan.

There are a number of different sections of the Strata Titles Act (STA) that determine where the boundaries are and in most instances these are disclosed on the strata plan itself.

Example

Section 3(2)(a) – the boundaries are to the inner surfaces of the floor, walls and ceiling.

This also means that any door or window forming the boundary of the Lot and common property is also regarded as a wall and would be common property.

All you own is the cubic air space inside. The walls, floor and ceiling would be common property.

Section 3(2)(b)

The boundaries may extend to the external surfaces of the walls meaning that the owner is responsible for any door or window.

Section 3AB

The boundaries of the buildings shown on the strata plan are the external surfaces of those buildings plus attachments.

All the building is the responsibility of the owner.

Then there are Survey-Strata Plans.

Again, all the buildings that exist within the boundary of the Lot shown on the survey-strata plan are the owners responsibility

In Summary

I cannot say who is responsible to repair, maintain or replace the door frame without seeing a copy of the strata plan itself; and even then, there may be by-laws registered that allocate the repair responsibility to the owner.

These are the usual things that happen in strata and it pays to have a good understanding of who is responsible to repair, replace or maintain things.

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

This post appears in Strata News #543.

Question: At our strata plan of 5 townhouses in Perth, 4 lots share the main driveway and the fifth lot has a separate entry. Should the fifth lot contribute to the shared costs of either tree or driveway maintenance?

Answer: The Strata Plan and bylaws will determine who is responsible for the costs of the maintenance of the common property.

The Strata Plan and bylaws will determine who is responsible for the costs of the maintenance of the common property.

In a circumstance like this, there would need to be a bylaw in place that would remove the 5th owner from the responsibility of sharing the costs of the driveway. Unit 5’s separate driveway area may also be common property and therefore require all lots to share the costs to maintain this area too.

The Strata Company (all 5 owners) are responsible for the repairs/maintenance and replacement when required of the common property.

If the common property is the driveway, trees, garden beds, etc as per the Strata Plan, and there is no registered bylaw that says these areas are a shared cost for the 4 units and excludes the 5th owner, then it is a shared cost for all 5 units.

If the driveway, gardens etc for Unit 5 are common property, and not determined as a part lot on the Strata Plan, then all 5 owners will be required to share the costs for these common areas also.

It is important to determine what is common property as per the Strata Plan, check the bylaws to see if any additional bylaws/management statement have been lodged, and this will determine who shares the costs for the repairs/maintenance/replacement of the common property.

Shelley Fitzgerald Emerson Raine E: shelley@emersonraine.com.au P: 9330 3959

This post appears in Strata News #538.

Question: We have a leak from the unit above but the plumber is unable to obtain access from the above lot owner. How do we gain access?

The laundry tub waste pipe from the unit above mine is leaking into my bathroom ceiling, causing issues with mould and peeling paint. I have two plumbing reports from two different licensed plumbers stating that they need access to the unit above but the above lot owner will not allow this. Strata have sent the owner an email but there has been no response to date.

Answer: If the situation arises where owners are unable to resolve a matter after all methods available to them, then the Act has a provision where the matter can be lodged with the State Administration Tribunal (SAT) to assist in resolving the matter.

Owners and the Strata Company have a responsibility to ensure that the property is in good condition and that it is maintained. This is a requirement under the Strata Titles Act 1985 (WA) (the Act) which states that an owner of a lot must maintain and repair the lot and keep it in a state of good condition. Additionally, the strata company must keep in good and serviceable repair, property maintain common property.

If the situation arises where owners are unable to resolve a matter after all methods available to them, then the Act has a provision where the matter can be lodged with the State Administration Tribunal (SAT) to assist in resolving the matter.

The owners should also be aware that should they proceed with lodging an insurance claim, under the terms and conditions of the insurance policy they have a requirement to mitigate their loss to ensure the damage is reduced.

Chantell Kennebury Sedgwick P: 08 9210 9103 E: chantell.kennebury@au.sedgwick.com

This post appears in Strata News #538.

Question: At my strata complex, the eaves on my roof near the back patio fill with water after rain. This seems to be due to poor guttering and a lack of downpipes. Who is responsible for this maintenance?

Answer: The boundaries of your lot are defined on the Strata Plan document.

Strata Plans have various boundaries depending on the plan, and the notations on that plan that were lodged at Landgate. All Strata Plans are different.

The boundaries of the lot are defined on the page where your lot is located on the Strata Plan document.

In some Strata Schemes, as a lot proprietor, you may have only purchased the cubic space within the structure of your lot. In these instances the Strata Company is responsible for the repair/maintenance and replacement of the “structure” such as doors, windows, roof, gutters, downpipes.

Other Strata Schemes, defined as Survey Strata Schemes, as the lot proprietor you own everything to the boundaries of the lots which includes the buildings, and the land areas to the fencing boundary.

Further to the Strata Plan, the bylaws may also provide for some definition in relation to the responsibility for certain items within the scheme.

In many instances patios/pergolas may have been installed to a unit and this may have been undertaken by the individual lot proprietor, and without any approval being sought from the Strata Company. In these cases, the responsibility for the issues around water run off on that rear section may be referred back to the owner.

Initially you could refer this to your Strata Manager requesting their assistance, asking if the area is common property and whether the Strata Company will carry out the repairs.

The answer lies within the Strata Plan document and unfortunately, this question cannot be answered without viewing that document.

Shelley Fitzgerald Emerson Raine E: shelley@emersonraine.com.au P: 9330 3959

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

Question: Did the amendments change the liability for upkeep and maintenance for internal fences within a Strata Scheme?

Have amendments to the Strata Titles Act 1985, introduced in May 2020, changed the liability for upkeep and maintenance for internal fences within a Strata Scheme? Are internal fences now solely Strata’s responsibility? I thought that previous to May 2020, if an internal dividing fence repair or replacement was required between lot owners or a lot owner and the common property, the cost was to be shared equally between both parties.

Answer: The situation has not changed regarding cost of repairs and maintenance of internal fences

There is no change in the liability of owners and the strata company regarding repair/maintenance of internal dividing fences. Section 214(1)(a) of the current Strata Titles Act 1985 simply repeats the requirements in the Dividing Fences Act 1961 that-

adjoining lots must equally share the fencing repair/maintenance costs;

equally share with the strata company, its share of the fencing repair/maintenance costs where the part of the fence sits on common property.

Rochelle Castro RC & Co Lawyers E: law@rccolawyers.com P: 1300 072 626

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

Question: A retaining wall is failing in our scheme. Other lot owners or the Council of Owners are not interested in maintenance or even an engineers report. What can be done?

I live in a small strata of 4 units that was built in 1987. There are substantial cracks appearing in the front retaining wall split between the visitors’ car park and one unit’s courtyard. I am a landscape architect with some landscape construction knowledge and feel that the wall is just a single brick wall. Part of this conclusion is supported by the fact that at the back was retained using fencing sheets that were recently replaced. In both instances over a meter of soil (X 20m) is being held back. Council no longer has records of the plans.

Insurance says they will not cover this. No one wants to spend any money on maintenance or even agree to getting an engineers report. I have no support from other lot owners or the Council of Owners. What can be done?

Answer: The only way to get to the bottom of the matter is with a forensic engineer.

Bruce McKenzie:

That’s a tricky one and obviously not getting support from other owners is problematic in itself, and it is probably not something that I can give advice on.

This property is well over 30 years old and you’re getting cracks in a wall. My first opinion is that there has to be some kind of change of event that is causing those cracks. Something’s changed, because otherwise this would have occurred 10 or 15 years ago. I’ll list some of the changes that can occur. The first typical thing with retaining walls is trees. Obviously, as they get bigger, root systems develop. This can impact foundations and things like retaining walls. There could have been some sort of weather event, or I’m not sure of the actual property, but whether there’s been subsoil water conditions or something that’s occurred.

Really, when you’re talking about structural matters like this of a retaining wall (and I acknowledge that it doesn’t appear to wall and significantly high, but it’s long), the only way to get to the bottom is a forensic engineer. Get someone with that background to take a look, do an assessment on the wall that may extend off into things like geotechnical. They may have to check the soil and see if there’s any movement or other reasons. In my experience, trees have a lot to answer for with these sorts of issues, they are inherently normally present. Quite often it could be the tree, well across the neighbour’s property somewhere else and the root system is made its way over. So really, a forensic engineer would be the way to got.

Given the age of the property, I think any sort of recovery through original building design, construction, anything like that is obviously not an option for you, unfortunately. I in this circumstance, whether you do have to fund the cost for that forensic engineer in the first place to help lay your case down as to how significant that problem is or not would be a start point, and that document will carry a fairly good amount of weight I think moving into that next conversation, even with the council, where you could you could talk along the lines of the severity of it, and whether within your strata arrangement that would permit you to move forward and have a bit more owner accountability, once that is discovered.

Nikki Jovicic:

Sam, would you like to address the lack of support from the Council of Owner?

Samantha Reece:

I deal with lots of difficult council of owners, I attend lots of AGMs and the beauty about my ‘tag’ of being ‘The Erin Brockovich of apartments’ is I actually can deal out the delivery in a way that makes people realise that sometimes, inaction is not the best action.

In this situation you’ve got to ask yourself, what would be the impact if that wall falls over? It’s more of crisis management than it is actually dealing with the crack. I agree that a forensic engineer definitely is the way to go. At the end of the day, if that wall fails, whose car might be impacted? Then insurance won’t cover that car because you haven’t dealt with the wall. You can reach out to me and I’m happy to come and talk to you or the Council of Owners.

Bruce McKenzie Sedgwick E: bruce.mckenzie@au.sedgwick.com P: 1300 735 720

Samantha Reece Australian Apartment Advocacy E: sam@aaadvocacy.net.au P: 0452 067 117

This post appears in Strata News #498.

Question: How do we manage the exterior painting of a high rise scheme where the boundaries are the external walls?

I was wondering how, in accordance with the strata legislation, you can correctly manage the exterior painting of a high rise scheme where the boundaries are the external walls.

What happens when we need to paint and the walls of the building are technically not common property? How does our strata company divvy up the cost? Are painting contractors able to separate the quote?

Do other strata companies add some kind of by-law to pass the responsibility of the above to the strata company? Wouldn’t this be deemed invalid as it contravenes the Act/boundaries?

Answer: The strata manager / council of owners need to work out cost distributions and that would be based on areas.

To answer your first question it is difficult as I did have a management a few years back in Northbridge that was as you described, but you need to deal with ownership and maintenance responsibilities as detailed on the strata plan. It’s difficult but as a strata manager and a council of owners you need to work out cost distributions and that would be based on areas. Difficult but achievable.

No you can’t put a by-law in place to transfer responsibility to the strata company as no by-law can override what is in the body of the act.

In a situation like this the boundaries should be under Schedule 2A – section 2(a)(b) of the Strata Titles Act 1985 i.e. each lot should be cubic airspace as ownership, then in this case the external walls would become common property and the maintenance would rest with the strata company.

This can be done. You would need a meeting of all owners to lay out the reasons and benefits then progress from there.

Brian Rulyancich StrataTAC E: strata@stratatac.com.au P: 0428 970 067

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

Question: What does not form part of a lot as per Section 10 of the strata titles act and is, therefore, the lot owner’s responsibility to maintain.

Answer: Schedule 2, bylaw 15 Decoration of and afixing items to in a surface of lot covers a few of the things mentioned in this question.

Schedule 2, bylaw 15 Decoration of and afixing items to in a surface of lot covers a few of the things mentioned in this question. It pertains to paint, wallpaper, or otherwise decorate a structure that forms in the surface of the boundary of a lot or afix locking devices, flyscreens furnishings, furniture, carpets, and other similar things to that surface if that action will unreasonably damage the common property.

So you must not afix these things if it will unreasonably damage the common property, but you’re allowed to do that so long as it doesn’t create more damage.

The ceiling needs to be painted from time to time on the inner surface and you’re permitted to decorate that. There are so many SAT cases that have established precedent rulings on what is defined as the upper surface of the floor and the tiles are the upper surface. So the tiles and below the Strata’s responsibility. See 2024 case: Bennett and The Owners of The Fairway Stage Two Strata Scheme 51326 [2021] WASAT 170

A sealed toilet system is an interesting thing and that will depend on where the boundaries are because the boundaries might extend to the external surface of the wall or the external surface of the building or it might be the internal surface of the building.

The question is, does the system service only that lot? I believe that reference to this is covered under easements. If a utility (the toilet system would be a utility item) only services that one lot then it’s that lot owners responsibility to fix it. Mirrored splash back could be an attachment to a wall or it might form part of the wall.

Timber slats installed as flooring on a deck by the developer. Is the deck part of a lot? How are the boundaries defined on the strata plan by the surveyor as to where the upper surface is or whether it is included in a height above and below the floor? Is the decking area included within a part lot outside? It could be that the upper surface of the floor is the timber slats and that those slats could be part of the common property.

A lot will depend on the type of strata plan that it is, as to whether the strata comes under Section 3 A B of the Act or it’s a survey strata. In both cases, you’ll be responsible. If the strata is under Section 3 2 A or 3 2 B a lot would depend on how the boundary definition has been worded on the strata plan itself.

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

This post appears in Strata News #498.

Question: My fob has stopped working. The Strata Company want me to pay for a new fob. Isn’t this a defect?

My key fob has stopped working on the door from my car park to the apartment building. It works on the main entrance and lower level car park doors.

The strata company suggests it has lost its programming and wants me to pay for a new fob. As the Fob is not lost or damaged given it works on other doors why should I pay for a new fob? Isn’t this a defect?

Answer: It would not be unreasonable for the Strata Company to suggest a new device is purchased

The coding / programming for different doors or gates may be different and it is possible that your remote is defective even if it still operates on other access points. It would not be unreasonable for the Strata Company to suggest a new device is purchased, especially if the device has been in use for some time. My experience is once a fob loses some or all of its programming then the most cost effective solution is usually replacement.

If however the device is relatively new it may still be under warranty. It is worth checking with the Strata Company or the Strata Company manager to see if there is any warranty on the device or its a programming issue.

Luke Downie Realmark E: ldownie@realmark.com.au P: 08 9328 0999

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

Question: Who is responsible for the maintenance and repairs of balconies? We are preparing our next 10 year Maintenance Schedule and we need to know if balconies will be included in the report.

How can we tell who is responsible for the maintenance and repairs of balconies? I have read somewhere that even if a balcony is classed as exclusive use, the strata are still responsible for its repairs.

It is my belief that it is in fact strata responsibility.

I need to confirm this as we are preparing our next 10 year Maintenance Schedule, and the balconies will all be inspected and included in the report. However, we need to determine whether the costs go into the strata budget in the relevant year, or are wholly, or partly the responsibility of the owners.

Answer: Legally, the maintenance and repair of balconies will be maintained as dictated by the Strata Plan.

Who is responsible for the maintenance and repairs of balconies?

As with most things strata, there is a legal opinion and a practical opinion – sometimes the two come together! Legally, the maintenance and repair of balconies will be maintained as dictated by the Strata Plan. In most cases, the finish of a balcony is to be maintained by the Strata Company as it was at the time of the creation of the strata.

In a practical sense, though, what happens if you are having a BBQ and one of your guests drops a bottle of bubbly and a tile is broken beyond repair and you want it fixed now… who judges when is a suitable time for the repairs? We see that all Owners need to take a deep breath and project themselves forward in time to gain a bit of perspective over who is responsible and when is it to be done. Over time there will be an accumulation of funds to carry out eventual replacement of all the tiles on the balcony – let’s say the maintenance plan budgets on replacement of balcony in 25 years. If an Owner in year 10 of the maintenance plan has a desire to have the balcony refurbished (after 20 bottles of bubbly have dropped!), then the approach of the COO should be that if the Owners contribute 10 years of contributions, the owner can contribute the remaining 15 years of contributions to speed up the process. The process of maintenance would still have to be administered by the COO, to maintain control over the finished colour, noise attenuation, balcony safety etc, but we see a 10-year plan as a living, breathing document to be used regularly – not just as a compliance box to be ticked.

Are COO’s opening themselves up to liability by preparing their own 10-year maintenance plans?

Should COOs be preparing their own 10 yr maintenance plan? The designated strata company is the entity responsible for issuing a 10-year maintenance plan for a particular complex. We see the opportunity for liability for the COO is both in

Not taking expert advice when preparing the plan, and

Not implementing expert advice that is given.

A true 10-year plan is a combination of review and input from a building inspector who has thoroughly inspected the property, various services contractors who currently work on the property and owners/residents who use the property on a daily basis – all pulled together by the Council of Owners to reflect the needs and aspirations of the Owners.

In some cases, a document prepared by a consultant can be rubber-stamped by the COO as ‘the plan’. But In most instances, there needs to be far more of a round-table approach to really get a meaningful 10-year maintenance document.

Andrew Booth ABBC Building Inspectors E: andrew@abbc.net.au P: 08 9200 4200

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

Question: We have just had the 10 year plan done which mentions that skylights (which are under the strata company’s insurance) need to be replaced. Who is responsible?

I live in a strata complex of 11 units. We have just had the 10 year plan done. In it, they mentioned that of the 11 units some had evaporative air conditioners, skylights and solar panels put in after the units were built and sold. Presumably, these assets were put in by the original owners.

The skylights are under the strata insurance but the air conditioners and solar panels are not.

In the 10 year plan we were informed that the skylights need to be replaced. The strata company is saying it is the owner’s responsibility to replace them. Logically, if it is under the strata company’s insurance then shouldn’t it be their responsibility?

Answer: There is no relation between what is covered under strata Insurance and what is required under the 10-year plan.

There is no relation between what is covered under strata Insurance and what is required under the 10-year plan.

Strata Insurance can cover things that you would consider personal. Classic examples are stoves, motors for garage doors.

With 10-year plans, the act is clear: it covers only common property. Air-conditioning units, solar panels and skylights installed by individual owners are not deemed common property and would be the responsibility of the owners to maintain, repair, and replace as required. Incidentally, with these items, there should be exclusive use by-laws in place with the above-mentioned conditions attached.

Brian Rulyancich StrataTAC E: strata@stratatac.com.au P: 0428 970 067

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

Question: Our driveway bricks have moved and need to be relaid. How do we get this problem fixed when no one wants to spend money and we are the only lot affected by the issue?

In my 5 unit strata built around 2010, the driveway bricks have moved and need to be relaid in some sections. The driveway fall brings water into my garage, stopping me from storing anything within the first metre and half.

This issue does not affect any other lot in the scheme and it is an expensive job, no-one is interested.

Everyone pays low strata fees, just enough for lawns, gardens, water and insurance. We do not have a 10 years plan or reserve fund set up. Lot owners have an agreement to keep costs low with minimal strata fees.

How do we get this problem fixed in a scheme where no one wants to spend money, and the issue doesn’t affect anyone else in the scheme? In WA, am I responsible for the repairs or should this be up to strata?

Answer: Assuming that the driveway is common property, then all owners have an obligation to contribute to the maintenance of the common property.

Assuming that the driveway is common property, then all owners have an obligation to contribute to the maintenance of the common property.

Strata schemes under 10 Lots don’t require a 10 year plan but good management of the strata scheme should include a reserve fund for future expenses.

If you are a self managed strata scheme, it would appear that a notice to all the owners should be sent out explaining the problem, how it can be rectified and most importantly, the dollar value supported by quotes from at least 2 contractors.

I may be that everyone can add additional money to a special levy for this purpose accumulated over a period of time to be able to fund the extra cost.

Any failure to resolve this problem will only incur more expense to have the matter heard at the Tribunal.

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

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

Question: Our windows in our building have not been washed for 13 years. Apart from appealing to the CoO again, is there a formal process to follow to get this most basic maintenance carried out?

I live in a 9 storey apartment block. The windows in our building have not been washed since 2007 (13 years). We have had a water leak on the roof which has taken 10 years to repair and is still ongoing.

The argument of the majority of the Council of Owners is that we need to wait for the roof to be repaired before the windows are washed as they may become soiled when the repairs are undertaken (unlikely / marginal impact).

Not having been cleaned for 13 years the windows are now filthy, have become stained and I suspect are being eroded by the build up of water deposits and dirt. There are also cobwebs around the frames.

It has been suggested that the roof should be resolved by April 2021 and that it will then be appropriate to wash the windows. This of course is just before the rainy season so it would be pointless.

Is it unreasonable to expect that the windows be washed now so that we can have them clean for the summer months? Apart from appealing to the CoO again, is there a formal process to follow to get this most basic maintenance carried out?

Answer: Have your request included as an item of special business on the Agenda for the next AGM or EGM.

It would appear that the council has everything under control.

If the water leak from the roof is going to be resolved by April 2021 then it is what it is.

The only suggestion is to have your request included as an item of special business on the Agenda for the next AGM or EGM.

It would only be practical to wait for the roof to be fixed and then request a date when the windows could be cleaned. This would give the council time to source quotes and increase levies if required.

As a practical suggestion, it may be necessary to request that the windows be cleaned on an annual basis.

If the windows haven’t been cleaned for so long it may be necessary for them to be assessed for any further maintenance such as replacement of window seals.

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

This post appears in Strata News #427.

Question: Our garage door is 20+ years old and needs replacing. Who is responsible for repairs in WA – is this a strata cost or up to the lot owner?

Our garage door is 20+ years old.

We have just had the felt belt removed as it was in danger of catching in the motor teeth. Our maintenance people believe the door needs replacement within the next 6 months at around $2,500.

Who is responsible for repairs in WA – is this a strata cost or up to the lot owner? Can it be separated into the door/motor costs and the installation costs? Is this a strata cost or up to the lot owner top repair?

The property is over 20 years old. There are eight townhouses with common driveways back and front.

Answer: In order to determine this, the boundaries of the lots in your Strata Scheme must first be established.

In order to determine this the boundaries of the lots in your Strata Scheme must first be established. The boundaries will either be described on the floor plan contained within the Strata Plan or set under the ACT. The lot and any parts of the lot will be given both vertical and horizon boundaries to create cubic space.

Once these boundaries have been identified you will be able to work out who is responsible for the garage door. If the garage door forms part of the lot it will MOST LIKELY be the lot owners responsibility, if it is outside the lot and forms part of the common property it will MOST LIKELY be Strata Company responsibility.

I say most likely because there are occasions for variations to this for example:

If there are any by-laws in place for your strata scheme that stipulate maintenance responsibility for the garage doors’.

If the garage door forms part of an area of common property for which an exclusive use by-law applies; or

If the garage door is an un-approved alteration to common property or the lot.

To be sure you may wish to consult with an industry professional to assist you in reading the Strata Plan and determining whose responsibility it is to maintain the garage door.

Luke Downie Realmark E: ldownie@realmark.com.au P: 08 9328 0999

This post appears in Strata News #426.

Question: When I purchase a lot in survey strata plan, what part of the lot do I actually own? Who is responsible for strata repairs in a WA strata scheme?

When I purchase a lot in survey strata plan, what part of the lot do I actually own? Who is responsible for strata repairs in a WA strata scheme?

I have heard the part I own is the portion on which the dwelling sits and the rest is deemed common property. Is this true?

Answer: Everything contained within the Lot shown on a Survey-Strata Plan is yours.

Each Lot on a survey-strata plan is shown as a box with a number inside it being the Lot number. The Lot will be dimensioned and shows the total square metre area of the Lot.

Survey-Strata Plans don’t show buildings as opposed to a Strata Plan that does. Hence the name Survey-Strata Plan as the plan looks similar to a freehold survey plan.

Everything that is contained within the Lot shown on a Survey-Strata Plan is yours and together with that is the responsibility to maintain it at your own expense as if you owned a house Title.

In addition to the Lot that your own, you will also own a share in the common property which is shown on a Survey-Strata Plan as a separate Lot number prefixed by the letters “CP” indicating that it is a common property Lot.

You and any other owners will also be responsible for the maintenance of the CP Lot.

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

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

Question: Our strata includes an older building that needs constant repair. All of the wooden window sills & other fittings are damaged beyond repair & need replacement. For repairs in WA strata properties, who is responsible?

Our units were built in 1975 & included in the contract is an old house that was built approx 1950 and needs constant repair. The outside of the house is common property. All of the wooden window sills & other fittings are damaged beyond repair & need replacement. Is this Strata responsibility or the owners?

Answer: The age of the strata scheme and when it was registered has a lot of bearing on determining the boundaries of the buildings in the strata scheme.

The age of the strata scheme and when it was registered has a lot of bearing on determining the boundaries of the buildings in the strata scheme.

If the scheme was registered prior to 1985 and is more than 5 Lots then it is most likely that all building maintenance is the responsibility of the strata company as all the walls, roofs and floors will be common property.

Without seeing the Strata plan I am unable to give you a better answer.

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

Question: Our strata manager says the painting of the exterior of our building is the lot owners responsibility. Is this right?

I live in a complex of 12 villas. Who is responsible in WA for strata repairs and maintenance such as outside painting e.g. gutters, downpipes and the outside of the building? We have been told by the Strata Manager it is our responsibility.

If this is our responsibility, how do we keep with the appearance of the lot? The Strata Manager has told us we must use the same colour scheme but no one knows what colour paint was used back in 2007 when the building was built. What can we do?

Answer: If the strata plans shows the boundaries to be the external surfaces then the responsibility of maintenance and repair would fall to the lot owners.

The responsibility of maintenance to the external areas would depend on the lot boundaries. You would need to check the strata plans to ascertain these.

If the strata plans shows the boundaries to be the external surfaces then the responsibility of maintenance and repair would fall to the lot owners. If the boundaries are to the internal surface of the lots, then the strata company would be responsible for the maintenance of the areas as they would be common property.

A professional painter should be able to match the colour of the paint.

Andrew Chambers Chambers Franklyn Strata Management P: 08 9440 6222 E: andrew@chambersfranklyn.com.au

This post appears in Strata News #371.

Question: I have plumbing problems in my unit. Who pays for the cost of investigating the cause, clearing the pipes and digging up of pavement etc, or is this a lot owner responsibility?

There is a tree the backyard of my unit that is causing “suck back” issues with the toilet and partial blockage due to, possibly, roots in the pipes. The tree was there when I bought the unit 6 years ago and until recently, hasn’t been an issue.

Is it up to the Strata to take care of the cost of investigating the cause, getting rid of the roots and digging up of pavement etc, or is it my responsibility?

At this stage, everyone seems pretty sure I, as the lot owner, have to pay but the plumber cannot even guarantee that the roots are an issue. The plumber has mentioned it could also be caused by the tenants flushing things they shouldn’t down the toilet.

Answer: First, get a quote from the plumber for how much it will cost plus the details of the cause of the damage.

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

I would suggest you get a quote from the plumber for how much it will cost plus the details of the cause of the damage. Then propose the following to your strata company:

If it is found to be lot owner responsibility – the owner will pay the invoice.
If it is found to be strata company responsibility – the strata company will pay the invoice.

Both you as an owner and the strata company as a whole have a responsibility to repair, maintain and renew.

This is the simplest approach as no-one can comment on whether it is lot owner responsibility or the strata companies without the plumber’s findings of the cause of the problem.

Jordan Dinga Abode Strata E: abode@abodestrata.com.au P: 08 9368 2221

Please note this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.

This post appears in Strata News #250.

Question: We have recently had flyscreens on the external windows replaced by strata. We’re now wondering, is the strata also responsible for the external window cleaning?

My wife and I own an apartment in Perth CBD that is part of a Strata complex.

It is a 3 storey complex and we own the top floor.

We have recently had flyscreens on the external windows replaced by strata. We’re now wondering, is the strata responsible for external window cleaning?

We are unable to clean the external windows as they are too high and would have thought that the external window cleaning was to be carried out by strata and internal side would be our responsibility.

Am I within our rights to contact strata and request for the external window cleaning to be done?

Answer: If the complex is a 32a strata, the cost of external window cleaning would fall to the strata company

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

The responsibility for cleaning will depend on the type of strata, that is are the owners living in a 32a strata (in simple terms internal surface boundaries) or 32b (where the boundaries vary).

In most cases, in multi-story strata complexes, the strata is type 32a. Assuming that is the case, it would mean the windows, for example, are the property of the strata company and as such are the strata company’s responsibility to maintain, repair, replace and clean under section 35 of the Strata Titles Act 1985.

Gary Phillips StrataGP E: gary@stratagp.com.au

This post appears in Strata News #212.

Question: A lintel above a lot owner’s door needs to be replaced due to extensive damage that could have been averted if better maintained. When it comes to common property maintenance, does any of the responsibility for damage fall to the lot owner?

I am one of the owners in a strata complex of 10 and am one of the members of the council of owners. The property is in Western Australia. The townhouses were built in 1978.

One of the owners has a problem with the steel lintel above the 2m Sliding door that leads to the rear garden of their unit. The gardens and the courtyards are not part of the common property but are ‘owned’ by each unit. The common property includes the general area surrounding the units, the carports (which are exclusive use) and the visitors parking area and driveway (this also includes the security lights, retic of the verges and flower beds etc). The units are direct oceanfront with less than a single road width between the first unit and the beach.

The lintel in question is corroded and rusty and is beginning to flake. The owner wants it to be replaced. My gut feeling is that some responsibility for the common property maintenance must be taken by the owner for the lack of maintenance. In other words, had they, in the last 10 years which I understand was the last time the units were painted, repainted the lintel themselves, we wouldn’t have this problem and as such we can’t be held responsible for its repair. Would that be a reasonable premise?

Also, it has been suggested that the corporate body is responsible for the windows, doors, door frames and courtyard gates (many of which are in excess of 10 years old). What are the rules regarding this? I am assuming that the body corporate has a responsibility to repaint at some time. Is there a guideline, say every 5 years?

Answer: Without seeing the strata plan, based upon the details that you have provided within; it would appear that the lintels form part of the building which is common property and therefore the strata company’s responsibility to repair, maintain & renew as necessary.

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

Without seeing the strata plan, based upon the details that you have provided within; it would appear that the lintels form part of the building which is common property and therefore the strata company’s responsibility to repair, maintain & renew as necessary.

Unless written/defined within your strata bylaws/management statement there is no timeline imposed to complete necessary maintenance. It is deemed however that the maintenance is carried out on a routine basis and/or when necessary so as not to cause a burden or nuisance, financial or otherwise to owner or residents.

I can understand your comments regarding the requirement of the owner to repaint the lintel and have spoken with a Building contractor who has fulfilled work orders for many of our strata companies over the last 8 or so years and also does a considerable amount of major building repairs for the main Strata Company Insurers here in Perth. The builder commented that Lintels are galvanised dipped, they have a coating and should not rust. They do however break down over a long period of time or can deteriorate earlier due to water ingress etc. caused by other methods of entry. This, based upon the description of your strata could be a common property maintenance item.

In all respects, it would be suggested that the strata company employ a suitably qualified and licensed builder who is familiar with strata to attend and review/report and quote to repair this item and the cause of the damage and then remediate asap.

This post appears in Strata News #175.

Elizabeth Florence Abode Strata E: abode@abodestrata.com.au P: 08 9368 2221

Have a question about who is responsible for strata repairs in WA or something to add to the article? Leave a comment below.

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