Question: Our strata manager wants us to sign off on repairs without a plumbing inspection. The responsible owner has a troubling history and refuses to cooperate. Can we insist on an inspection?
One apartment in our large scheme experienced a major flood that damaged common areas and other lots. The owner attributed the substantial flooding to a fault in the washing machine. We understand the owner has had police visits in the past, and a hydroponic drug growing operation was found in the bedroom that had flooded.
We instructed the strata manager to organise a plumbing inspection. The owner refused to comply, and our strata manager has asked the council of owners to sign off on no plumbing report. I prefer the owner be responsible and abide by the rules and by-laws of this complex.
Answer: A strata company has several enforcement and remedy pathways available, depending on the source and cause of the flooding.
It is a bit unclear to me exactly what you are asking, but I’ve tried to address what I understand the issues to be.
Under the Strata Titles Act 1985 (WA) (the Act), various provisions may be relevant where the use of a lot causes damage, nuisance or unreasonable interference with other lots or common property.
By-law 2 of Schedule 2 of the Act provides that an owner or occupier of a lot must not use the lot or permit it to be used in such manner or for such purpose as causes a nuisance to an occupier of another lot (whether an owner or not) or the family of such an occupier. By-law 12(a) provides that an owner or occupier of a lot must not use the lot for a purpose that may be illegal or injurious to the reputation of the building. However, each strata scheme may have its own registered by-laws, which should be considered.
Section 47(1) of the Act provides that a strata company may:
- give a written notice to a person alleged to have contravened the scheme by-laws, or
- apply to the Tribunal under this section for an order enforcing scheme by-laws if:
- the contravention has had serious adverse consequences for a person other than the person alleged to have contravened the scheme by-laws; or
- the person has contravened the particular scheme by-law on at least 3 separate occasions; or
- the person has been given notice under section 47(1)(a) of the Act and has contravened the notice.
If an application is made to the Tribunal and the Tribunal is satisfied that a person has contravened the scheme by-laws, the Tribunal may, amongst other things, order the person to do 1 or more of the following:
- pay a specified amount to the strata company by way of penalty for the contravention;
- take specified action within a period stated in the order to remedy the contravention or prevent further contraventions;
- refrain from taking specified action to prevent further contraventions.
Section 83 of the Act further provides that an owner or occupier must not use, or permit the use of, a lot or common property in a way that unreasonably interferes with another person’s use or enjoyment of a lot or common property.
Depending on the circumstances, water escaping from one lot and causing damage to other lots or common property may also potentially give rise to actionable claims in nuisance or trespass.
In some cases, there may also be other avenues available depending on the source of the problem. For example, different considerations may arise where the cause of flooding involves a utility conduit that constitutes a utility service easement for the purposes of section 63 of the Act.
The above is provided for general information purposes only and does not constitute legal advice. Ultimately, the applicable scheme by-laws, the nature and cause of the damage, and the available evidence will determine which rights and remedies may be available to the strata company or any affected owners. I recommend specific legal advice be obtained to determine what rights and remedies may be available in the particular circumstances.
This post appears in the August 2026 edition of The WA Strata Magazine.
Ben Sasson
Vogt Legal
E: bsasson@vogtlegal.com.au
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