This article about WA strata bylaws has been provided by our WA Strata helper – Strata Martyr.
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WA Strata Bylaws
By-Laws are the tools given to us to create a better world we live in.
A certain amount of freedom exists in a single titled residential home. Sound restraints are lessened due to distance and a single tier means no complaints from above or below.
Strata is about shared space; Imagine the same 10 owners use a single path to get to their apartment, unit, townhouse or villa. They share that path and the responsibility of repair of that path.
Some one has to organise the repairs and the raise funds. How do you raise the funds and what portions do you pay and when? These questions may create a difference of opinion for the owners. Other complications may and do arise – an owner, tenant or visitor may damage the path and this may be witnessed by an owner.
Legislation in your state has considered the complexities of managing shared resources and created By-laws enforceable by law. These WA Strata ByLaws are impartial and based on requirements for fair and due process in carrying out set obligations. Areas covered include OHS, insurance, procedures, meetings, funding, fines, by-law enforcement, pet ownership, gym and pool use, parking, noise smoking, laundry etc.
In a somewhat uncertain world, the By-Laws present you with a second tier of laws that assist to achieve consideration of others while sharing property and lawful responsibility for that property. If you find yourself in trouble, the by-laws are your friend. They are open to interpretation if you are determined to argue the point and the Strata Company can ask a lawyer to serve a formal breach if matters escalate.
A person who caused the breach of by-laws i.e. excessive noise, is served a warning notice from the strata manager and, failing a correction in behaviour, a formal legal breach letter. Some strata complexes have a by-law stating that the administrative charge and legal costs can be attributable to the owner of the Lot, just like a levy. If the tenant is the offender, the warning and formal breach letters goes to the owner of the Lot, as it is their responsibility to ensure that any tenants or their visitors comply with the by-laws.
This sounds drastic and some defaulters can become hostile, but there is a lawful requirement on the Strata Company to enforce the by-laws if a breach is brought to their attention (in writing please).
Call me SS Strata, but the “Foe” is the defaulter. If left uncontrolled, their behaviour will be seen as acceptable by others. Turn a blind eye to someone hanging clothes on the balcony, and 6 months later you may have an out of control situation with all manner of items out on balconies, along with the daily laundry.
Changing WA Strata Bylaws in Your Strata
What if a by-law just doesn’t work at your complex and all owners would like to change it…… Change it!………. Your legislation will have a procedure to repeal, amend or add additional by-laws.
This amazing amount of control is afforded owners willing to work together. Not many organisations can make by-laws that are enforceable in court. “Here comes the Judge”. Obviously all this power could be used for evil and not for the good of all. Wrong! Any amended or added by-laws cannot conflict with the meaning of the Act. With that in mind any owner/would be lawyer who decided to write their own by-laws should, at the very least, send them to a lawyer to make sure:
- they don’t conflict with any of the other by-laws (nullify each other)
- they are not ambiguous
- they do not clash with the Act.
Creating New Bylaws
Creating By-Laws requires certain voting/approval requirements under the West Australian Strata Titles Act. This is to ensure due notification and explanation is given and to allow owners to make an informed decision when voting.
By-Laws that appear unfair under the circumstances of your complex can be contested by an owner for adjudication at the State Administrative Tribunal (SAT) that deals with Strata. If found unfair, in can be voided/repealed/amended. The By-Laws are there to preserve and maintain the integrity of your Strata socially and structurally, as under the law your strata complex has a infinite lifespan unlike the owners.
Related posts:
- WA: Q&A Strata Council Roles and Responsibilities – Correspondence
- WA: Q&A – Required to have Landlord Insurance for a Strata Property?
This post appears in Strata News #132
Strata Martyr
Note: this general information is an opinion only and suitable specialists in these areas should be sought for clarification and assistance on all points.
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In our strata we have a ‘no pets permitted’ bylaw in 6 townhouses. This bylaw was introduced before any of the current owners purchased their townhouses. I have tried at 3 AGMs to repeal the bylaw. We’ve had 4 votes to repeal, 2 against and we needed 5 votes for the 75 percent to be successful in the repeal. The 2 no voters against don’t live in complex.
Would SAT deem the current bylaw to be unfair? We could then revert back to the standard pet bylaw eg approval is needed from strata council.
Really hope you reply to me thanks Steve.
Hi Steve
We have had this reply come in from Phil Langton, Langton Strata Management:
Their stance may not be unreasonable by the Strata Titles Act. a better argument for unreasonable is required other than 2 no – 4 yes.
You appear to of diligently tried to repeal a by-law that was stopping you having a pet at the complex. If that is a true indication, I could also say someone diligently upheld their rights to say no.
Your query leaves out certain details for me to explore the possibilities of a solution.
You refer to some voting numbers that would imply you are trying to repeal a Schedule 2 by-law which requires less than 25% of voters to not vote against and at least 50% to vote for the repeal.
You refer to the possibility of SAT repealing back to the standard by-law which you say is strata council approval.
That statement is not true as the standard pet by-law does not require approval by the strata council on behalf of the strata company.
The standard pet by-law requires the pet owner to remove the pet if there have been complaints and notice has been given by the strata council on behalf of the strata company.
Are the 2 no voters turning up for the meetings or voting no via proxy?
Were they financial at the time of the vote?
Do all the townhouses have the same unit entitlement? (because 25% of the vote being No is based on that covering at least 25% of the unit entitlement)
My first port of call would be to write to these two owners, opening a dialog to better understand their no votes. (Writing is best because it proves a course of communication in the matter and indicates the position and reasonableness of each party) This paperwork may become supporting documentation if you try to make a case to SAT.
Is it noise, smell or an aversion to pets by a current tenant if they are renting out?
There is also an argument in a difficult market for renter with pets or potential owners.
Referring back to the wisdom of the original by-law it still allows for control and pets to be removed under request.
Howling dogs, meowing/spraying cats (by laws/Rules could see all cats neutered, licensed and micro chipped) threatening packs of large dogs could be eliminated.
Owners could be confined to 1 or 2 cats or 1 or 2 dogs each of a particular size.
The standard by-law would be your control but fine turning could be a set of house rules defining acceptable pets and behaviour.
The diplomatic approach is always the first try. If owners work together there is so much more people can do. There may be something the No voters would like that they have not even thought about.
Remember all owners in agreement can change anything.
SAT: if all else fails you need to seek advice from a suitably qualified Practitioner i.e. Lawyer or Strata Consultant to enquire which would be the best approach/Order to be sort from SAT in this matter.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Hi Phil
Thanks for the reply.
The voting was yes voters 66 percent unit entitlement (4 lot owners 17,17,16,16). No voters 34 percent unit entitlement (2 lot owners 17,17) (There are 6 lots) The no voters, vote by proxy.
We have been down the diplomatic path no go. Have explained they could include no pets on rental agreement if they don’t want pets in their property, rental and resale potential etc. Each unit has a separate yard. I read about a case were the adjudicator said there is clearly no rational basis that the pet could cause any difficulty to any other lot owner.The adjudicators conclusion was that such a bylaw is unreasonable. Based on that the adjudicator found that bylaws that impose a ban on pets are invalid.
Hope the unit entitlements make sense. Waiting your reply for any info is greatly appreciated
thanks Steve