Question: An owner in our over-55s complex plans to leave his unit to his mid-20s granddaughter, who says she’ll live there. Can we prevent this?
We have an over-55s, 12-unit strata complex. One of the owners will be 92 years old in a couple of months. He’s leaving his property to his mid-20s granddaughter when he passes. She insists she will be living in the property. We’ve been in contact with the State Administrative Tribunal (SAT), which can’t advise what we can do, but they referred us to this site. How can we prevent this situation from occurring?
Answer: Enforcement typically requires an application to the State Administrative Tribunal, either urgently once she moves in, or preventatively beforehand with sufficient evidence.
To determine whether the limitation on the age or residents is enforceable, we would have to consider the by-laws for the scheme and other relevant documents. However, assuming the age limitation on residents is enforceable, enforcement would usually be through an application to the State Administrative Tribunal seeking orders preventing anyone under the age limit from residing in the unit. This could potentially be done by way of an urgent application made when the current owner passes away, if there was sufficient evidence of the granddaughter’s intention to move in. Alternatively, this could be done once she does move into the unit, again by way of an application to the State Administrative Tribunal. Depending on the circumstances, a breach notice may also be required before making any application to the State Administrative Tribunal. Another option is to write a letter to the granddaughter explaining the applicable law. This may convince her not to move into the unit. I recommend the strata company seek legal advice on the issue and the best strategy.
This post appears in the October 2026 edition of The WA Strata Magazine.
Carolyn Meighan
Bugden Allen
E: carolyn@bagl.com.au
P: 08 9254 6304
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