WA: How to report common property repairs to your strata manager

This article discusses how to report common property repairs to a strata manager and what to do if there are delays.

Question: What is the best process for reporting required common property maintenance to the Strata Manager and Council of Owners?

When we submit a request for a minor structural repair of a wall (1-2 days of work) to a Strata Manager and Council of Owners as a part of the strata common property repair:

1. Should we request the repair to be completed in a certain time frame?
2. Is there a legal maximum timeframe when we can expect to receive a reply and/or approval from a Strata Manager and Council of Owners? If there is, what is the maximum timeframe?
3. Is there a legal maximum timeframe when we can expect the repair to be completed? If there is, what is the maximum timeframe?
4. If there is no reply or action from the Strata Manager nor the Council of Owners for the request within a certain timeframe, for example, 14 days, we plan to reiterate our request. Is there another better course of action?

Answer: As an owner, you’re able to request an Agenda item be added to the Notice of your next General Meeting.

In the first instance, you’ve done the right thing and raised your concern, in writing, with your Strata Manager. The Strata Manager will need some specifics; the exact location on the plan where the damage occurred, was the damage caused by impact, any photographic evidence etc. They’re then better able to provide sufficient information to the Council of the Strata Company – who will need to be notified in most cases – and the Insurer if necessary.

Unless the repair is directly affecting the use of your lot, it would not normally be expected to request or suggest it be repaired within a certain timeframe, as there can be many other factors that need to be taken into consideration when managing repairs.

Depending on the extent of damage, and whether any perceived risk is observed, it may take time for the Council to confer (or possibly hold a Council Meeting), before being able to provide instruction to the Strata Manager on how to proceed. Additionally, quotes or reports may need to be gathered to ascertain the extent of the damage.

The Strata Titles Act is silent on ‘legal maximum timeframes’. This is something that may be covered in your agreement with your Strata Company Manager. However, a response from your Strata Manager would usually be expected within 48 hours – even if it’s just an acknowledgement of your correspondence.

The Strata Company has a general duty to control and manage the common property for the benefit of all owners and keep in good and serviceable repair, properly maintain and, if necessary, renew and replace the common property.

Further information is required to what constitutes ‘a minor structural repair of a wall’:

• Is the wall in fact common property?
• Where is the wall located? Within the lot, or does it form part of the perimeter of the parcel?
• Does the wall/fence fall under the Dividing Fences Act with the neighbouring property?
• What are the boundaries of the lots/part lots of your particular scheme, and, are they are bylaws such as exclusive use which must be taken into consideration?
• Has the fault been determined as requiring structural repair by a suitably qualified contractor?
• Is the scheme currently under a building defects warranty period? If so, is the fault listed in the schedule for the builder to repair?
• Is the scheme in the process of obtaining a 10 Year Maintenance Plan, or, have they commenced works as recommended in the plan and is the wall included?
• Has the budget of the strata company sufficient funds to carry out repairs?
  What works have been discussed or resolved to carry out, as noted in the Minutes of your last General Meeting?

As an owner, you’re able to request an Agenda item be added to the Notice of your next General Meeting – to specifically have the wall in question assessed and repaired. In this forum, all of the owners within the scheme have the opportunity to consider and vote on your proposal. If the structural fault in the wall could potentially pose an insurable risk, your Strata Company insurance provider may be approached directly.

Before considering having the matter heard before the State Administrative Tribunal, it’s important to ensure all parties have the correct information. There may be factors deviating the Council from having the repairs carried out within a certain timeframe. If the Council of the Strata Company is not forthcoming with this information, it would be very reasonable of you to request the reason for the delay from your Strata Manager, and it would be expected that they would provide you with this.

This post appears in Strata News #526.

ESM Strata
E: info@esmstrata.com.au
P: 08 9362 1166