This article discusses owners’ legal right to access strata records and whether a self-managing council can require communication solely through an online portal.
Question: Can a self-managing council of owners require owners to use an online portal for communication? Is it lawful for them to withhold access to strata company records?
Our strata manager resigned due to a dysfunctional council of owners. Instead of appointing a new manager, the council called an EGM. It passed a motion to self-manage the 72-lot property using an accounting firm, a maintenance company, and AI as the manager. They passed the motion without disclosing details or costs despite repeated owner requests. Owners later discovered the property is now self-managed, though the council did not mention this at the meeting.
The council refuses to reveal where the hard and digital strata company records are kept and has denied owners access to inspect them. The council created a new online portal, but some owners have reported security issues when trying to join. The chairperson insists that all communication must go through this portal.
Can the council insist that owners register and communicate only through the portal, or can owners contact the council directly? Can the council legally withhold access to strata company records from owners?
Answer: In the absence of a strata manager, the strata council must take on a majority of the roles normally delegated to a strata manager.
A strata company is not legally required to hire a strata manager. If a strata company does not hire a strata manager, the strata council must undertake the Schedule 1 Governance bylaws requirements in the Strata Titles Act 1985 (the Act).
In the absence of a strata manager, the strata council are required to take on a majority of the roles normally delegated to a strata manager. In regards to the strata council, they must appoint a chairperson, secretary and treasurer.
It is the role of the secretary to allow and conduct an inspection of records. If a lot owner makes a written request to inspect the records or a person with a property interest under Section 107 and Section 109 of the Act, the Secretary must, within 10 days of the written application, make a date and time available. Failure to do so under the Act can result in penalties.
By-Law 9 of the standard Schedule 1 and Schedule 2 By-laws note the following requirements of the secretary. It is important though that you check your scheme’s Schedule 1 by-laws to see if they are the same as those listed in Schedule 1, by-law 9 Powers and duties of secretary of strata company
In relation to the scheme appointing a strata manager, this is a decision that the strata council is allowed to make. However, if owners feel that the scheme should consider appointing a strata manager, I suggest calling another Extra-ordinary General Meeting. You can request the strata council call another meeting or have 25% unit entitlement of owners sign a document requesting that a Extra-ordinary General Meeting. The document should specifically have the motions you are requesting to put forward, for example ‘Motion that the strata company appoint a strata manager’. On receipt of this document, the secretary of the strata company must call an Extra-ordinary Meeting within 21 days. Section 128 of the Act provides more details.
Jamie Horner
Empire Estate Agents
E: [email protected]
P: (08) 9262 0400
This post appears in the November 2025 edition of The WA Strata Magazine.
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