WA: Who is responsible for roof repairs in a two lot strata scheme in WA?

Question: I am in a 2 lot scheme in WA built in 1972. The other owner refuses to carry out maintenance. They ignore my emails and registered letters. The roof is 50 years old and it needs replacing plus the building requires additional maintenance. Am I best to take the matter to SAT for a ruling or is there another solution I can try?

Answer: As the owner, you are responsible to repair your part of the building – roof, gutters etc.

A two Lot strata scheme registered in 1972 would have had the boundaries changed by the 1996 amendments to the Strata Titles Act 1985 under the Automatic Merger provisions.

Provided that there was no Objection to Automatic Merger registered at Landgate then the boundaries will have changed to the “external surfaces of the building” under section 3AB of the Act.

This will mean that you as the owner are responsible to repair your part of the building – roof, gutters etc.

If the building shares the roof area which is of mutual support then any non-cooperative response may require you to lodge an Application to the SAT (State Administrative Tribunal).

This post appears in Strata News #580.

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au