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You are here: Home / Maintenance & Common Property / Maintenance & Common Property WA / WA: Duties of a Strata Company – Refurbish, Renew or Upgrade

WA: Duties of a Strata Company – Refurbish, Renew or Upgrade

Published June 28, 2020 By Shane White, Strata Title Consult 5 Comments Last Updated July 2, 2020

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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

  1. 91 35. General duty Duties of strata companies

    1. A strata company must —shall —

      1. enforce the by-laws; and
      2. control and manage the common property for the benefit of all the owners of lots; and
        proprietors; and
      3. keep in good and serviceable repair, properly maintain and, if where necessary, renew and replace —

        1. the common property, including the fittings, fixtures and lifts used in connection with the common property; and
        2. any personal property owned by vested in the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause and

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Sub-section 1(a) “enforce the by-laws” has been relocated to Section 112 – “Compliance with
scheme by-laws”.

Perhaps the most important change is the new subsection (2)

  1. A strata company may improve or alter the common property in a manner that goes beyond what is required under subsection (1).

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Let’s Do Up Our Building

refurbish renew or upgrade 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.

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Read next:

  • 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.

Shane White
Strata Title Consult
E: [email protected]

Disclaimer: this article should not be relied on as legal advice.

Visit Maintenance and Common Property, Strata Law Reform OR Strata Information WA pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

After a free PDF of this article Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Comments

  1. AvatarPatrick says

    February 15, 2021 at 12:50 pm

    I have a situation at a 8 story 26 unit complex that is a 1977 strata where lot owners only own the internal space within their lot. All walls, floor, ceiling and bedroom windows and windows and sliding doors to balcony are common property. A number of owners (about 16) have indicated problems with windows etc to various degrees. I understand that under Part 8, 91 1 b & c of the Act that the strata company must maintain, refurbish, renew etc all common property. My question is whether a bylaw can be made passing the responsibility of maintenance etc of windows to each respective owner? I am told that you cannot form a bylaw which contravenes a section of the Act. Is this so? I also understand the complexities and possible danger of allowing owners of this number virtually “free reign “ to do as they choose. Any suggestions would be appreciated.

    Reply
  2. AvatarJoan Crisafulli says

    July 23, 2020 at 10:11 am

    Our units were built in 1975 & included in the contract is an old house that needs constant repair built approx 1950 The outside of the house is common property & all wooded window sills & other fitings are damaged beyond repair & need replacement. Is this Strata responsibility or the owners.

    Reply
    • Liza Admin Liza Admin says

      August 10, 2020 at 3:38 pm

      Shane White, Strata Title Consultant has responded to your question in this post: WA: Q&A Common Property and Strata Maintenance – Who is responsible?

      Reply
  3. AvatarDavid Brown says

    July 22, 2020 at 2:29 pm

    If we want to change our old steel balcony balustrades with glass do the new provisions mentioned above
    (A strata company may improve or alter the common property in a manner that goes beyond what is required under subsection (1).) apply and if so would this be an simple ordinary resolution?

    Thank you

    Reply
  4. Avatarpeter burakowski says

    June 29, 2020 at 11:03 am

    The entrance door to my 6 storey apartment built 2008 is not suitable for wheelchairs or persons handicapped or aged also for pram access is there now a regulation specifying that it must adhere to the recent building codes as a matter of urgency

    Reply

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