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Home » Reforms » Reforms WA » WA: Should a strata manager have refused a committee instruction to carry out additional services not in their contract?

WA: Should a strata manager have refused a committee instruction to carry out additional services not in their contract?

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Question: Our committee instructed the strata manager to conduct additional services not specified in their contract. Should the manager have refused the request?

Division of Common-area work and exclusive-use area work

Our committee instructed the strata manager to include exclusive use area work with work in the common area and sent a “miscellaneous invoice” to all owners when the work was not requested or needed by every owner.

The additional service for exclusive use areas is not specified in our contract with the strata manager. Should the manager have refused the request? Are the actions of the committee in contravention of the act?

Answer: It’s not generally the Strata Manager’s position to refuse the direction of the Council.

It would be very beneficial to know what the exclusive use bylaw says around the maintenance of exclusive use areas. It’s generally anticipated that the maintenance within this exclusive use area would generally fall onto the owner saying that sometimes they do put the onus on the strata company to maintain. So that is a little bit difficult to answer.

Assuming the exclusive use bylaw puts the onus on the owners, I guess there are a couple of steps that should have been followed. In the end, the strata company, via the Strata Manager, should give notice to the owners about the need to potentially undertake maintenance within their exclusive use area. Then the Strata Company may reserve the right to step in and make those repairs.

I don’t know what has been undertaken from this inquiry, so it’s hard to really talk to it further. Should the Strata Manager have refused the request from the Council of Owners? As long as the Strata Manager was informing the council around where the boundaries of maintenance and exclusive use areas are and the council’s being happy to instruct otherwise, it’s not generally the Strata Manager’s position to refuse the direction of the Council.

Are the actions of the committee in contravention of the Act? There has been precedent set that suggests that the Strata Company shouldn’t be maintaining exclusive use areas where the bylaw details that but again, without actually knowing and being able to read the bylaw around exclusive use, I’m not willing to suggest that they have contravened the act.

Scott Bellerby
B Strata
E: scott.bellerby@bstratawa.com.au
P: 08 9382 7700

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About Scott Bellerby, B Strata

With nearly two decades of property experience, including working as an expert in litigation as both a commercial property valuer and a retail development manager, Scott is now regarded as WA’s lead strata expert.

Scott started with B Strata early 2014 and became managing director mid-2015. He dedicates the majority of his time to B Strata, growing and evolving the business and managing existing and new developments as they come online.

Given Scott’s passion for strata and broad property experience he was quickly elevated to President of Strata Community Association WA in 2016 and is now the longest continuing serving President of the Association.

Scott worked extensively for over five years with Landgate, the Property Council, SCA WA and the Ministers for Land to ensure a balanced and effective review of the Strata Titles Act was achieved. Scott’s ultimate aim is to see the strata industry recognised for its professionalism and expertise and wants to ensure there is proper regulation and licensing of strata managers.

Scott sits on numerous Boards and committees, including the Property Council of Australia, Policy Advocacy Committee and he Chairs the SCA WA Board.

Hands down, B Strata are industry leaders when it comes to understanding the strata reforms and implementing new processes to accommodate for the changes to the legislation. Saying this, we will not be ‘resting on our laurels’, as we continuously look to find ways to innovate and evolve!

B Strata's mission is to create harmonious communities.

Scott is a regular contributor to LookUpStrata. You can take a look at Scott’s articles here .

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