Resources for strata owners

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.

Your strata company or strata manager, on behalf of the strata company, should hold a copy of the scheme plan for your strata titles scheme (including the schedule of unit entitlements and record of matters recorded for the scheme on the scheme plan).

You can inspect this plan on application in writing to the strata company.

Alternatively, the scheme plan is available on the public register and a copy can be purchased online from Landgate.

For more information:

• Order a copy of your scheme plan at our survey plans or documents page.
• 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.

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.

Strata insurance is complex, so it’s important that you speak to your strata council members and/or strata manager to understand the arrangements in your scheme.

Here are some considerations to help you get started:

• All strata companies for schemes must hold insurance that covers the common property in the scheme (including fixtures and building improvements on the common property) to replacement value against risks of fire, storm and tempest (excluding damage by sea, flood or erosion), lightning, explosion and earthquake. The strata company for a single tier strata scheme does not have this obligation in certain specified circumstances, including if the strata company passes a resolution without dissent that the obligation does not apply.
• If you are in a strata scheme, the strata company must also hold insurance in respect of the parts of the scheme buildings that comprise the lots in the scheme to replacement value against risks of fire, storm and tempest (excluding damage by sea, flood or erosion), lightning, explosion and earthquake. An exception to this is for single tier strata schemes, for which different rules apply. If you are in a survey-strata scheme, you are responsible for insuring your lot against those risks.
• Strata companies must also hold a minimum of $10 million public liability insurance, although again special rules may apply in single tier strata schemes.
• Workers Compensation Insurance may also be required. Strata companies may choose to insure for other risks such as office bearers’ liability.
• A number of insurance companies offer insurance policies tailored to the unique needs of strata companies. Type ‘strata insurance WA’ into your search engine to find some options.
• Sections 97 to 99 of the Strata Titles Act 1985 cover insurance matters. Schedule 2 Part 5 of the Strata Titles Act 1985 covers insurance for single tier strata schemes.

For more information:

• Managing finances and insurance: fact sheet.
• Speak to your strata council members and/or strata manager.
• 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.

If your strata company enters into a contract with a strata manager, it should generally be for a relatively short term, such as a year, so if the strata manager does not meet the required level of service, their services can be easily terminated.

Be aware of automatic rollovers in strata management contracts if appropriate notice to terminate is not given in accordance with the contract.

Dispute resolution

If you have an issue with the strata manager, as a first step, you should bring it to the attention of the strata company.

The strata company should then check the facts to understand what the strata manager has or hasn’t done and compare it with the Strata Titles Act 1985 (STA) and the strata management contract, to better understand the duties of the strata manager. The strata manager is engaged by the strata company, so ultimately it is the strata company that must decide if any action is to be taken.

Under some circumstances it is possible for the strata company to terminate the strata management contract - for example, if the strata manager has been dishonest or not followed the STA.

Refer to our role of strata managers: fact sheet for an overview of the steps involved in terminating a strata management contract, as well as information on how to formulate a robust strata management contract from the outset.

The STA outlines the detailed steps the strata company is required to take to terminate the strata management contract.

Disputes between a strata manager and the strata company about the performance of a strata manager and their contract can be brought to the State Administrative Tribunal (SAT).

For more information:

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

Whether or not you can convert your lot from a strata titled lot to a freehold titled lot is ultimately a planning decision. This decision will be made by either the relevant local government or the Western Australian Planning Commission in accordance with local planning schemes.

There are several ways to convert a lot in a strata titles scheme into a freehold titled lot. These options include converting the lot into common property and removing the common property from the scheme to terminating the scheme and undertaking a new subdivision. However, all the options are complex and not easy to implement.

As a first step, it is beneficial to speak to a licenced land surveyor about what is involved in converting your lot. Several plans are required to be lodged with Landgate if you can go ahead with the conversion and a land surveyor will be able to guide you through these requirements.

The land surveyor will also be familiar with local planning schemes and R-codes for each local authority and may be able to give you an indication of whether your application to convert your lot will be successful.

For more information:

• Contact The Land Surveyors Licensing Board of WA for a list of licensed surveyors in WA.
• 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.