Question: Our strata council wants us to do unpaid garden work instead of paying levies. Is that allowed?
At our last AGM, the strata council proposed dividing maintenance of our common property gardens among lot owners. We’re a survey strata with extensive gardens and an orchard. The proposal requires us to contribute a minimum number of “community work hours” each week, recorded in a register, to help keep strata levies low. The motion was unanimously approved and described as a house rule.
Lot owners who don’t complete their required hours are issued an invoice by the council, payable to the strata company. However, no external contractors are engaged to complete the work not done; instead, it is either left undone or taken on by other residents.
The council also grants exemptions from the work requirement for reasons such as medical conditions, provided the request is made in writing.
My questions are:
- As common property maintenance costs are shared equally among lot owners under the by-laws, is a “work instead of levies” system with discretionary exemptions not contrary to the by-laws and unfair?
- How could a contribution system like this operate within the legal framework for strata companies?
Answer: A strata company cannot force owners to do physical labour instead of paying levies unless the arrangement is voluntary and non-punitive.
A strata company cannot require owners to perform physical labour as a substitute for levies unless the arrangement is voluntary, non-punitive, and consistent with the scheme’s by-laws and the Strata Titles Act 1985 (WA) (the Act).
The system described, involving mandatory work hours, a register, invoices for non-compliance, and discretionary exemptions, raises several legal and practical issues.
Is a compulsory “work hours” system contrary to the by-laws and unfair?
In most schemes, the by-laws state that common property maintenance costs are shared by unit entitlement unless there is a by-law stating otherwise.
The Act requires levies to be raised in accordance with:
- the budget approved at the AGM, and
- the method of contribution set out in the by-laws.
A system that:
- forces owners to perform unpaid labour,
- penalises those who do not, and
- allows the council to grant exemptions at its discretion
is not consistent with the statutory levy framework.
Key issues:
- A “house rule” cannot override by-laws or the Act. House rules have no legal force if they conflict with the scheme’s governing documents.
- Mandatory labour is not a lawful substitute for levies. Levies must be raised in money, not labour.
- Discretionary exemptions create inequality. Owners cannot be treated differently based on subjective criteria.
- Issuing invoices for “missed work hours” is not authorised. A strata company may only raise levies and contributions in accordance with the Act.
This post appears in the August 2026 edition of The WA Strata Magazine.
Luke Downie WA Strata Consultant E: luked0876@gmail.com P: 0456 589 639
