Resources for strata tenants

Common property is land in a strata titles scheme that is owned by all owners in the scheme as tenants in common and is not contained within any lot. Ownership of the common property is proportional to the unit entitlement of a lot owner’s lot.

Not all schemes have common property.

In a survey-strata scheme, each area of common property is shown on the scheme plan and has its own unique number, which is prefixed by the letters ‘CP’.

In a strata scheme, common property can be more difficult to identify because it is not separately identified by a unique number. It includes those parts of scheme buildings shown on a strata plan (by reference to which boundaries of lots are defined) that do not form part of a lot.

Common property includes temporary common property leased by a strata company under section 92 of the Strata Titles Act 1985 and registered as temporary common property on the scheme plan.

Common property does not include any land vested in the Crown under the Planning and Development Act 2005 section 152 or any dedicated road under the Planning and Development Act 2005 section 168.

To understand which areas within your strata scheme are common property, you will need to obtain and examine a current copy of your scheme plan.

Guidance on the interpretation of the scheme plan should then be sought from a licensed land surveyor (consider contacting the surveyor whose contact details are shown on the plan) or from Landgate. This guidance will help you identify the common property and lot boundaries in your scheme and interpret any special provisions that may relate to your scheme (such as the provisions that apply to single tier strata schemes).

The Land Surveyors Licensing Board of WA can provide a list of licensed surveyors in WA.

For more information:

• Understanding the basics of strata: fact sheet.
• Speak to your strata council members and/or strata manager.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.

The State Administrative Tribunal (SAT) is the one-stop-shop for strata disputes in Western Australia, with an exception being the recovery of unpaid levies which are dealt with through the court system.

You will need to visit SAT’s website to initiate a formal dispute resolution process.

While SAT has the statutory powers to efficiently resolve strata disputes, parties are encouraged to attempt to resolve the dispute between themselves in the first instance.

See Landgate’s resolving disputes fact sheet to learn how.

It's also worth noting that the SAT website provides access to a decisions database, which contains the outcome of decisions made by SAT. This database includes decisions made pursuant to the Strata Titles Act 1985.

You may wish to check through the database for decisions that may be similar to a current dispute in your strata titles scheme, as the documented decision may assist in your dispute resolution process.

For more information:

• Resolving disputes: fact sheet.
• Visit SAT’s website.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.

If you’re not sure what the by-laws are for your strata titles scheme, the best place to start is by asking your strata company or strata manager.

They should be able to resolve your enquiry without you having to look any further.

One of the three scenarios described below will apply to your strata titles scheme and its by-laws.

What you'll see through these scenarios is that some schemes follow the by-laws set out in the Strata Titles Act 1985 (STA), with a variation depending on when your scheme was registered, and others register their own by-laws with Landgate. Each is legally valid.

It’s important to note that:

1. The STA was amended on 1 May 2020. These amendments included changes to the ‘default by-laws' that were in Schedule 1 and 2 of the STA immediately before it was amended on 1 May 2020. (These changes clarified the language used, classified by-laws as governance or conduct, and deleted by-laws that were no longer required).
2. If a scheme was registered before 1 May 2020, the scheme can continue to use the default by-laws as amended by the changes that were made to the STA on 1 May 2020.

Scenario one

Applies to:

• Schemes registered on or after 1 May 2020 for which no by-laws were lodged for registration as a scheme document.

Your scheme’s by-laws are:

• The governance by-laws in Schedule 1 and conduct by-laws in Schedule 2 of the STA that have been in effect since 1 May 2020. A copy of these by-laws can also be found in the WA Strata Living Guide for ease-of-reference.

Scenario two

Applies to:

• Schemes registered before 1 May 2020 that use the by-laws in the STA and whose strata company has not registered its own by-laws with Landgate.

Your scheme’s by-laws are:

• The by-laws as amended by Schedule 5 clause 4 of the STA. A copy of these by-laws can be requested from your strata company or by sourcing a historical version of the STA via the Western Australian Legislation website and consolidating them with Schedule 5 clause 4 of the STA.

Scenario three

Applies to:

• Schemes who have registered their own by-laws with Landgate. A strata company has broad powers to make, amend and repeal by-laws and may create and register their own by-laws that are different to the by-laws in Schedule 1 and 2 of the STA. These by-laws cannot be inconsistent with the STA, the Strata Titles (General) Regulations 2019, or any other written law.

Your scheme’s by-laws are:

• Available through your strata company or strata manager (on behalf of the strata company) or you can order a copy online via Landgate’s website at the Certificate of Title/associated title documents page. To order, you will need the scheme by-law document number that is endorsed on the last page of your strata/survey-strata plan.

For more information:

• Living in a scheme: fact sheet.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.

If someone in the strata titles scheme has breached a by-law the issue can be reported to the strata council or strata manager of the scheme. If the strata company wishes to take enforcement action, it must first provide a written notice to the person who is alleged to be acting in breach of the by-law.

This notice provides fairness and must set out the:

• by-law that it is claimed that the person has breached
• facts relied on as evidence of the breach
• action that the person must take to avoid breaching the by-law
• an explanation of the powers of the State Administrative Tribunal (SAT) if an application is made to SAT to enforce a by-law.

The strata company can also apply to SAT to enforce a by-law.

A strata company can make an application to SAT if the:

• person breaching the by-law has been given the written notice referred to above and has contravened the notice or
• contravention has had serious adverse consequences for another person or the
• person has contravened the by-law on at least three separate occasions.

SAT has power to make any order it considers appropriate to resolve the by-law enforcement proceeding.

If SAT is satisfied the by-laws have been contravened, SAT can make an order that requires one or more of the following:

• pay a specified amount to the strata company by way of penalty
• take specified action within a period stated in the order to remedy the contravention or prevent further contraventions
• refrain from taking specified action to prevent further contraventions.

A penalty for the breach of a by-law of up to $2000 can also be imposed by SAT. This money is payable to the strata company.

For more information:

• Resolving disputes: fact sheet.
• Visit SAT’s website and select Applying to SAT.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.

How repairs and maintenance are organised and managed depends on the type of scheme and whether common property is affected.

Repairs and maintenance to lots

Lot owners in a strata titles scheme can organise and undertake maintenance and repairs to their property within the boundaries of their lot. Before organising any repairs or maintenance, lot owners should first check the by-laws for their scheme to ensure there are no restrictions or requirements on this work.

Where repairs or maintenance impact or require work on common property, a lot owner may need to get permission from the strata company before making these repairs.

Repairs and maintenance on common property

The strata company has a duty to maintain and repair the common property for a scheme. Where repairs and maintenance are required to common property, this should be raised with the strata company for the scheme.

If the strata company has budgeted for the expenditure on these repairs or maintenance, or this expenditure is not authorised by the budget but is within the limits specified in a special resolution of the strata company or if not fixed by special resolution, the amount fixed by the Strata Titles (General) Regulations 2019, the strata company can proceed with the repairs or maintenance. Section 102(6) of the Strata Titles Act 1985 provides other circumstances where the strata company can incur expenditure beyond the approved budget.

Sometimes repairs or maintenance will be required to common property because an issue with the common property is affecting the supply of utility services, or otherwise impacting a lot. In these circumstances, it is typically the strata company’s responsibility to undertake the repairs and maintenance to the common property. An affected lot owner should raise the issue with the strata manager or strata council for their scheme.

Exclusive use by-laws

Exclusive use by-laws grant exclusive use and enjoyment of, or special privileges over, some or all of the common property in a scheme. Where common property is subject to exclusive use by-laws, these by-laws may specify who is responsible for the repair and maintenance of the affected common property. Depending on the by-law, this could be the lot owners who have the benefit of the exclusive use by-laws or the strata company.

Tenants (occupiers of lots)

Tenants or occupiers of lots in a strata titles scheme should contact their landlord or property manager to organise repairs and maintenance in relation to the lot they are occupying.

For more information:

• Getting things done: fact sheet.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.

Strata titles schemes may employ a strata manager to assist the strata company to carry out some of their duties. The strata manager may be a company, partnership or an individual. This does not replace the need for a strata company to have a council.

If you're an owner, you can get the details of your strata manager from your strata roll which is maintained by the strata company. This roll contains the strata manager's name and contact details. However, it is important to note that if your strata company may not maintain a strata roll if it is a two-lot scheme or a three to five-lot scheme whose by-laws exempt the strata company from keeping a strata roll.

You could also ask some of the other owner-occupiers in your scheme.

If you're a prospective buyer or tenant, speak to your real estate agent or landlord. They may have information on who is the strata manager.

For more information:

• The role of strata managers: fact sheet.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.

The decision to terminate a strata titles scheme is a significant one that has substantial impacts on the lot owners and if applicable, the tenants, of the scheme being terminated. Because of these substantial impacts, lot owners and tenants (occupiers of lots and occupiers of common property) are defined by the Strata Titles Act 1985 (STA) as affected persons and have various rights in relation to scheme terminations.

Access to information

Primarily, an affected person has a right to understand what a termination would involve and have access to the information they need to make decisions which result in the best outcome for themselves.

As an affected person, a lot owner or a tenant in a scheme is entitled to the following documentation:

• The full termination proposal.
• The assessment of termination proposal by the independent advocate (the person engaged by the strata company to consider the full termination proposal and make a considered and reasonable assessment of it).
• An invitation to attend the independent advocate’s presentation on the termination proposal.
• A copy of the application to the State Administrative Tribunal (SAT), if the proposal goes to the SAT review stage.

Dissenting owner protections

In addition to providing access to information, owners of all lots subject to a termination proposal are entitled to protections under the STA. These protections are called dissenting owner protections but are available to all lot owners and aim to ensure their views and concerns are given fair consideration.

These protections range from access to reports on the state of the scheme’s infrastructure and the value of each lot in the scheme to funding for owners to obtain independent advice in connection with the full termination proposal.

A full list and explanation of the dissenting owner protections are set out in the Matrix of Dissenting Owner Protections available on the strata forms page of the Landgate website.

Vulnerable persons

A vulnerable person is someone who, due to factors such as age, illness, disability, or financial disadvantage, is impaired in their ability to consider and make an informed decision in relation to a termination proposal. Vulnerable persons are entitled to additional funding for ancillary services to help put them in a position where they are not disadvantaged by their vulnerability, as well as funding for representation in the State Administrative Tribunal (SAT).

Appearing before or making a written submission to SAT

Before a termination of a strata titles scheme can proceed and a scheme can be terminated, SAT must confirm the termination resolution and make directions about winding up the strata company.

As part of these proceedings the following people are entitled to appear before SAT and be heard or make a written submission:

• Anyone who is required to be served with a notice of an application to SAT to confirm a termination resolution.
• Anyone who has been given a notice of an application to SAT to make directions about winding up the strata company.

For more information:

• Annexure B - Matrix of Dissenting Owner Protections.
• Guide to strata titles terminations.
• Contact our Strata Enquiry Line by calling (08) 9273 7047.