WA: Do developers need to disclose NDIS apartments in strata buildings and what rights do owners have over security and common areas

Question: Owners in our 51 lot building were not informed before purchasing that there are a number of NDIS-allocated apartments in the building. There are many people, possibly carers, who come and go throughout the day. Should this have been disclosed before purchase?

I live in a 51-apartment building in Perth with 8 NDIS-allocated apartments. Owners are concerned that they were not informed of this prior to purchasing. Should this have been disclosed?

People who we assume are carers come and go without ID which makes security an issue. They also use the residents’ lounge, office and pool without being accompanied by a resident. Should they be wearing an ID? Should they be using the residents’ common areas? We have spoken to the company responsible for these apartments, but the issues continue.

Answer: It would be up to the developer or selling agents to inform, or advise if asked, of any Specialist Disability Accommodation dwellings within the complex.

Further to speaking with NDIS Property Australia, ‘it would be up to the developer or selling agents to inform, or advise if asked, of any SDA (Specialist Disability Accommodation) dwellings within the complex’.

‘We hope to inspire as many people as possible to work towards the future where all disabled Australians have access to housing that meets their individual needs. Our team work hard, making a difference for disabled Australians allowing them the dignity of having appropriate housing for their needs’.

According to the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020:

31(1)(c) Density Restrictions

If all of the enrolled dwellings on the parcel of land are enrolled to house no more than 2 residents and the dwellings are not part of an intentional community – the greater of the following:

1. (i) 15 eligible participants;
2. (ii) 15% of the total number of residents capable of residing on the parcel of land, assuming one resident per bedroom.

In accordance with Section 105 of the Strata Titles Act 1985, the particulars to entered in the roll to be kept by the strata company include the name and address for service of any lessee or tenant of a lot notified to the strata company.

And, in accordance with Section 107 of the Act, a buyer to has entered into a contract for the sale and purchase of a lot in strata titles scheme, may make an application for inspection of material under Section 109; or a certificate under Section 110.

So if a potential purchaser is inclined to obtain such information, they are freely able to do so.

The Strata Company is unlikely to know how specific lots are intended to be used. Provided that the usage is legal and doesn’t directly impact other owners negatively, then it would be unusual for the Strata Company to get involved in the usage of a lot.

All residents and visitors effectively agree to abide by the bylaws of the scheme.

Firstly, you would need to determine what bylaws may have been made that are specific to your scheme (in particular the use of common areas). Secondly, it is the duty of the Council of the Strata Company to enforce such bylaws.

We all have a right to enjoy living within our strata scheme, just as we have the right to have visitors or carers come to our homes. Regarding visitors or carer’s using common facilities, this would really come down to the bylaws of the Strata Company. Most Strata Companies have bylaws that would guide how owners and their visitors can use the common facilities, and if there are any restrictions. Ultimately, this is something that the Strata Company and its Council would need to regulate and control.

Regarding security, all owners are entitled to have visitors and guests, and their frequency isn’t usually restricted. It would likely be considered unreasonable to suggest (especially in the case of disabled persons) that any owner should be restricted on the number of visitors/carers they have attending the property, purely on the grounds that it may be a security issue.

I suggest discussing the matter directly with your Council, to determine if they are aware of your concerns and what action they may have already taken. What bylaws are currently in place (or being considered)? Have they issued breach of bylaw notices to the lot/s who’s visitors are non-compliant? Have they tried to mediate with the lot owners?

Hopefully this matter can be peaceably resolved, as the ultimate forum would be the State Administrative Tribunal to have the matter heard.

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