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WA STRATA TITLES ACT 1985: Key Changes for Body Corporate Managers, Owners & Council of Owners

The WA Strata Titles Act 1985 outlines the compulsory adherences for the governance and operation of strata title schemes. On 1 May 2020, key changes to the Strata Titles Act were introduced in WA. It is important that owners, council of owners and body corporate (strata) managers are aware of these changes.

Below is a list of some of the key changes to the Strata Titles Act in WA

 1. By-laws

All by-laws need to be labelled as either “Conduct By-laws” or “Governance By-laws”.

2. Increase in penalty for breach of by-laws

The maximum amount that the State Administrative Tribunal (SAT) can impose by way of penalty is now $2,000.

3. All resolutions must be fair and reasonable

The SAT has the power to overturn a resolution of the Strata Company should it deem that the resolution is unfairly prejudicial or discriminatory, oppressive or unreasonable. This is even if the majority of owners support the resolution.

4. Financial Year End

 The financial Year End for all Strata Companies shall be 30 June. This does not apply to a Strata Company until the end of the 5-year transitional period, being 1 May 2025.

Should a Body Corporate or Strata Company wish to have a different year end, a Governance by-law must be adopted, however, this can be done via an ordinary resolution.

5. Voting

Votes can now be taken outside of a general meeting and can be electronic.

6. Quorums

This is now in the body of the Act which states that a quorum is 50% of those owners entitled to vote, meaning all arrears are paid as at the date of the notice of meeting.

7. Strata Managers

Strata Managers, or Body Corporate Managers, are now defined in the Act and must have a written contract with the Strata Company (Body Corporate). The contract must specify the functions that are to be performed and the remuneration to be received.

8. 10-year Plan

With the exception of schemes with less than 10 lots and a building replacement cost of less than $5,000,000, a 10 Year Maintenance Plan must be determined and adopted. This plan must be updated every 5 years and be for a duration of not less than 10 years.

Contact us

For more information on the Strata Titles Act in WA and what the new updated changes mean for you, contact us today on (08) 6500 0260 to discuss your specific requirements

Frequently asked questions

What are by-laws?

By-laws are a set of legal rules and are also sometimes referred to as behaviour or obligations of all persons who lawfully live in a strata community. Here in WA, there are Statutory By-laws also known as Standard By-Laws. The Standard By-Laws are known as Schedule 1 & Schedule 2. All Standard By-Laws together with any registered by-laws are legally enforceable.

Ask your strata manager for a complete and up-to-date copy of the by-laws, including any management statements, if you are unsure which by-laws apply to your building.

What is the role of Council of Owners in a strata scheme?

The role of the Council of Owners is to act for and/or on behalf of the strata company and is charged to carry out the management tasks and the maintenance of the strata company in accordance with the Strata Titles Act. The by-laws in place for the strata scheme are subject to any restriction imposed or direction given at an Annual General Meeting of the strata company.

Members of the Council of Owners are required to carry out their duties without favour for the benefit of all owners and do not acquire any privileges by virtue of their election to the Council, or if they become official office bearers.

Can the Council of Owners change the strata manager?

Under Section 44 of the Act, all of the functions of the strata company are carried out by the Council of Owners. This means the Council of Owners have the ability to appoint a new strata manager. However, there may also be additional by-laws that exist which restricts this authority, and it is possible that your current strata manager has a binding contract in place. Therefore, we advise you check your current contracts and by-laws.

For any further questions or queries regarding the Strata Titles Act in WA, contact our team of experienced strata managers at i.fresh strata today on (08) 6500 0260.

 

Try i.fresh strata with no risk

No contract for the first 12 months. No obligation. 100% happy or you can walk away.

 

talk to us

i.fresh
[email protected]
+61 (0)8 6500 0260
+61 (0)8 6311 7396

i.fresh strata is a member of STIWA National Community Titles Institute Urban Development Institute of Australia i.fresh strata support Carbon Neutral Make Poverty History