This article provides information about refurbish, renew or upgrade of buildings with the new WA Strata Legislation and has been provided by Shane White, Strata Title Consult.
The new changes to the Strata Titles Act (the Act) will see the strata company duties moved from the old section 35 of the Act to the new section 91 General duty.
The new section has a few changes:
Part 8 – Strata Company
35.General duty Duties of strata companies
- A strata company must —
shall — enforce the by-laws; and
- control and manage the common property for the benefit of all the owners of lots; and
- keep in good and serviceable repair, properly maintain and, if
wherenecessary, renew and replace —
- the common property, including the fittings, fixtures and lifts used in connection with the common property; and
- any personal property owned by
vested inthe strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause and
- A strata company must —
Sub-section 1(a) “enforce the by-laws” has been relocated to Section 112 – “Compliance with
Perhaps the most important change is the new subsection (2)
- A strata company may improve or alter the common property in a manner that goes beyond what is required under subsection (1).
Let’s Do Up Our Building
There’s only so much a lick of paint can do.
Many strata schemes that have been around for 20 years or more are starting to look tired and run down.
This in some cases has occurred due to the limitations in the Act only allowing “renew, repair, replace” requirements with like for like replacement. In other cases, it is because the building hasn’t been maintained.
This new addition to the Act now permits a strata scheme to “refurbish, renew or upgrade” its
facilities allowing for modern upgrades to older buildings, incorporating latest technology ideas and
cost saving improvements such as solar panels, security upgrades, modernisation of lift foyers and
equipment just to name a few.
Improvements of this nature could help to modernise the building and maintain its prestige.
Keeping in mind that any of these changes would have to coincide with the Maintenance Plan (10
Lots or over) that should envisage these improvements and upgrades so that they are within budget
and happen in accordance with a program of improvements.
Have a question about the ability to refurbish, renew or upgrade your building or something to add to the article? Leave a comment below.
- WA: Maintenance Planning and Insurance: The Strata Titles Amendment Act 2018 (STAA 2018)
- WA Strata Titles Amendment Act 2018: duties of a council member and how to protect yourself from liability
This post appears in Strata News #369.
Strata Title Consult
E: [email protected]
Disclaimer: this article should not be relied on as legal advice.
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