Question: If the council of owners replace signage in common property car parks, should the change be recorded in the meeting minutes?
Our council of owners decided to replace signage in our common property car parks. The new wording differs from the agreed house rules. There was no AGM authorising this change. Should this change be recorded in the council of owners’ meeting minutes?
The replaced signs were in good order. The new signs omit the words “Residents Parking”, which is permitted by the approved house rules.
Despite requests under Section 107 of the Act, the council of owners has not provided the minutes.
Answer: The decision should be recorded in the council of owners meeting minutes.
Under Section 91 of the Strata Titles Act 1985 as amended, the strata company must control and manage the common property for the benefit of all the owners of lots.
The functions of a strata company under Section 135, and subject to the Act or any restriction imposed or direction given by an ordinary resolution, are to be performed by the council of the strata company.
For the council to make a decision to order new signs and omit the words “Residents Parking”, it appears that common property parking bays may have been abused by residents claiming the bays for their own exclusive use on a permanent basis. If that is the case, I suggest that a decision to replace the signs due to this be recorded in the council of owners meeting minutes and that the house rules be amended accordingly. I am not aware of this strata company’s bylaws. In the absence of a bylaw that authorises the strata company to make rules about the common property parking from time to time, I also suggest that any changes to the house rules be properly adopted at a general meeting by the owners. House rules are, however, not bylaws and cannot be enforced. The main duty of the council is to manage the common property for the benefit of all the owners of the lots.
Under Section 107 of the Strata Titles Act 1985, an owner can make an application to the strata company for the inspection of records of the strata company, under Section 109 and upon payment of the prescribed fee of $1.00 to the strata company, the strata company has a duty to make available for inspection that material as so required to be inspected by the owner at a place and time so agreed within 3 days after the strata company is given the application which must be within 10 days after the application has been made by the owner. A penalty of $3,000 is attached if the strata company fails to do so.
Please note though, under Section 109(5), the strata company is not obliged to provide copies of any material belonging to the strata company to an owner or other person with a proper interest, but if they do, they may charge a fee prescribed in the Strata Titles (General) Regulations 2019.
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
Marietta Metzger
magixstrata
E: marietta@magixstrata.com.au
P: 08 6559 7498
This post appears in the December 2024 edition of The WA Strata Magazine.
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