WA: Section 110 (Previously s43) of the Strata Titles Amendment Act 2018

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This Q&A about Section 110 (previously section 43) of the Strata Titles Amendment Act 2018 has been provided by Shane White, Strata Title Consult.

Jump directly to the QUESTION you are after:

• QUESTION: Is there a pro forma form as there was for S43?
• QUESTION: I’m looking for clarification around the former Section 43 certificate, which now falls under Section 110: Certificates in the Strata Titles Amendment Act 2018.

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Question: Is there a pro forma form as there was for S43?

Answer: There is still no regulated pro forma for anyone to use.

There never was a regulated form for section 43 certificate enquiries. As with the previous version of the Act the new changes have brought the same problem.

There is still no regulated pro forma for anyone to use. You will have to follow your nose as they say and meet the requirements of section 110 (1) or (2).

You are required to provide something in writing certifying what the status is for those enquiries as at the day that you are answering the enquiry.

The Regulations state that payment is to be made up front before a valid application for a certificate can be made. See STGR Reg 86(1)(c) (d) and (2) (3). GST may be required.

86. Fees for applications under s. 107

1. For the purposes of section 107(4), the following amounts are fixed as the maximum fee for an application under section 107 —
   
   1. in the case of an application for information under section 108 — $10;
   2. in the case of an application for inspection of material under section 109 —
      (i) if the application is by a person who has a proper interest in information about a strata titles scheme — $1; or
      (ii) if the application is by a person authorised in writing by the person referred to in subparagraph (i) — $100;
   3. in the case of an application for a certificate under section 110 specifying the matters referred to in section 110(1) — $140;
   4. in the case of an application for a certificate under section 110 specifying the matters referred to in section 110(2) — $140.
2. An application under section 107 is not duly made to a strata company until the fee (if any) charged by the strata company for the application has been paid.
3. A maximum fee under this regulation is increased by 10% if the strata company is required to remit GST for the provision of the service for which the fee is payable.

This post appears in Strata News #364.

Question: I’m looking for clarification around the former Section 43 certificate, which now falls under Section 110: Certificates in the Strata Titles Amendment Act 2018.

I’m looking for clarification around the former Section 43 certificate, which now falls under Section 110: Certificates in the Strata Titles Amendment Act 2018.

Are any changes required to the existing certificate content other than updating the sections of the act, and does 110(1) and 110(2) need to be issued separately?

Answer: Section 107 needs to be read in conjunction with the requirement for certificates under section 110.

Section 110: Certificates takes over from the old section 43.

Section 110: Certificates

1. A strata company commits an offence if it does not, within 14 days after being given an application for a certificate under section 107, provide the applicant with a certificate certifying, as at the date of the
   certificate, the following matters as stated in the application —
   
   1. whether or not a strata management contract is in effect and, if so, when the contract starts and ends;
   2. details of any contracts of insurance maintained by the strata company, including the name of the insurer, the contract number, the type and amount of cover, and the expiry day;
   3. whether any transfer, lease or other disposition has been entered into or exclusive use by-laws have been made in favour of a person over the common property but not registered by the Registrar of Titles, and, if so, the name of the person and the nature and effect of the transaction or by-laws.
      Penalty for this subsection: a fine of $3 000
2. A strata company commits an offence if it does not, within 14 days after being given an application for a certificate under section 107, provide the applicant with a certificate certifying, as at the date of the
   certificate, the following matters as they relate to a lot specified in the application —
   
   1. the amount and due date of contributions determined for the lot —
      
      1. at the most recent annual general meeting of the strata company; and
      2. at any time subsequent to that meeting; and
      3. in the previous 12 months;
   2. any amount owed to the strata company by the owner or occupier of the lot that is outstanding, the date on which it became outstanding, and the nature of the payment;
      Note for this paragraph:
      For example, the amount may be an amount of —
      
      • contributions; or
      • an amount payable under exclusive use by-laws; or
      • an amount payable for work undertaken on the part of the owner of the lot; or
      • any penalty or other amount ordered to be paid by the Tribunal; or
      • any amount payable for utility services or other services or amenities.
   3. the rate of interest payable in respect of the outstanding amount.
      Penalty for this subsection: a fine of $3 000.

Section 107 needs to be read in conjunction with the requirement for certificates under section 110.

Section 110 allows for Certificates to be provided for 2 different categories.

• The cost of the Certificate for information provided under section 110 (1) is $140.
• The cost of the Certificate for information provided under section 110 (2) is $140.

Add GST if required to do so.

It is possible that both Certificates will be required at a total cost of $280 – See Strata Regulation 86(1).

Noting that Regulation 86(2) requires prior payment before the information is provided.

This post appears in Strata News #359.

Have a question about section 110: Certificates (previously s43) or something to add to the article? Leave a comment below.

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Shane White
Strata Title Consult
E: [email protected]

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

Read next:

• WA: Reforms to WA Strata Legislation – As a Lot Owner, Should I Care?
• WA: Q&A Does the Council of Owners Have a Spending Limit?

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