Owners have a legal right to access strata records
Page 12 | Empire Estate Agents
Festive season in strata
Page 24 | ESM Strata
Procedure for raising a special levy contribution
Page 34 | Chambers Franklyn Strata Management
LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013.
As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month.
Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.
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Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.
Liza Jovicic Sales and Content Manager
have a legal right to access strata
20 No trap in the shower drain causing odours in an ensuite Luke Downie, Realmark
Can council members who repeatedly appoint a proxy for meetings be removed? SVN
Festive season in strata
ESM
Who’s responsible for fixing the balcony? First, check whether it’s under warranty
Jamie Horner, Empire Estate Agents
Owners can challenge EGMs that fail to follow proper procedure Luke
Ongoing levy debts require separate tribunal recovery proceedings
Petra Lohmann, Bugden Allen
How to repair concrete cancer
Sam Hogg, PASG Projects
Procedure for raising a special levy contribution
Andrew Chambers, Chambers Franklyn Strata
How is a strata property classified as residential or commercial for insurance purposes, and why might insurers use different criteria?
The ARPC (reinsurance pool) definition classifies a strata property as residential if 50% or more of the total floor area is residential. By that measure, our building should be residential. However, our insurer has classified the property as commercial because just over 20% of our lots are commercial, even though that space only accounts for about 18% of the total floor area. Other insurers seem to apply different criteria. Is there an official definition or industry standard that determines how to classify strata properties for insurance purposes?
While your building may be residential under the ARPC definition, the insurer is within its rights to apply different criteria for underwriting purposes.
In relation to the Cyclone Reinsurance Pool (administered by the Australian Reinsurance Pool Corporation, or ARPC), it’s important to note that the definitions within the ARPC guidelines apply only to the components of the policy that the pool covers — namely, cyclone and terrorism. For those specific components, insurers may use the ARPC’s definition to determine whether the property qualifies for pool pricing.
However, insurers are not required to adopt ARPC classifications across the entire policy, and they typically apply their own definitions when underwriting the broader strata insurance policy. So it is entirely possible, and not uncommon, for an insurer to classify a property as commercial even if the ARPC would view it as residential under its 50% rule.
The best way to determine the commercial vs. residential mix is usually to:
• Calculate the internal floor area (in square metres) of each lot;
• Determine what percentage of the total lot area is used for commercial purposes; and
• Note that most insurers exclude common property when calculating the residential vs. commercial split.
So while your building may be residential under the ARPC definition, the insurer is within its rights to apply different criteria for underwriting purposes. This is why you might see classification discrepancies across different insurers.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
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Can a council of owners propose a mutual termination of a strata manager’s contract without holding an AGM or EGM?
Can a council of owners suggest or agree to a mutual termination of a strata manager’s contract without convening an AGM or EGM? Is there anything in the Strata Titles Act 1985 that gives the council this authority?
Most commercial strata management agreements include a termination by mutual consent clause.
The Strata Titles Act 1985 (WA) does not contain an express provision stating that a council of owners (COO) can suggest a mutual termination of a strata manager’s contract without an AGM or EGM.
In practice, however, most commercial strata management agreements include a termination by mutual consent clause. This means the contract can be ended if both parties agree and notice is given. Importantly, this cannot be enforced unilaterally by the COO – mutual consent is essential.
When considering this, the following points should be kept in mind:
• Contract terms: Check the specific termination clause in the management agreement, as mutual consent provisions are generally standard.
• By-laws and resolutions: Review the strata company’s by-laws and past resolutions to determine if the COO has been given general or specific authority to manage contracts on the strata company’s behalf, including termination.
• Legislative framework:
• Schedule 1, clause 4(1) – provides that the powers and duties of the strata company are exercised by the council, unless a general meeting has restricted that authority.
• Section 139(1) – allows a person acting under the authority of the strata company (which includes the COO) to “make, vary, extend, discharge or terminate a contract” on its behalf.
• Section 151 – sets out the process for unilateral termination of a strata management contract, requiring notice and providing a right of review. This applies only where the strata company seeks to terminate without the manager’s consent.
The COO cannot terminate the strata manager’s appointment unilaterally unless the contract has reached its end. However, if the management agreement includes a mutual termination clause (as is standard), and both parties agree, then the contract may be brought to an end without the need for an AGM or EGM.
SVN Perth info@svnperth.com.au
Across Western Australia, many strata communities are asking the same question: how do we preserve the charm and heritage of our older buildings while ensuring they remain safe, functional, and relevant in a fast-changing market?
The answer lies in taking a holistic approach to modernisation rather than approving upgrades on a case-by-case basis. A considered, forward-looking strategy helps strata companies maintain property value, support sustainability, and strengthen financial stability, benefits that extend to every owner and resident.
One of the most important starting points is upgrading core infrastructure, particularly electrical systems. With growing demand for solar, battery storage, and electric vehicle (EV) charging, many aging buildings simply weren’t built for today’s energy expectations. Future-proofing electrical capacity now allows communities to embrace emerging technology and attract buyers who value both character and capability.
Modernisation can also be seen and felt in shared spaces. Common area upgrades like refreshed foyers, improved lighting, and thoughtful artwork can dramatically change how a building is perceived. These touches don’t just improve aesthetics; they create a sense of pride and connection that’s essential for long-term value.
Equally vital is financial foresight. Strata companies should make full use of their 10-year maintenance plans as a living guide to forecast capital works and plan sustainable levies. Establishing a balanced, transparent levy structure ensures stability and helps avoid reactive decision-making when major works are needed.
Maintenance, too, is evolving. Buildings that were once fit for purpose may now need updates to meet current environmental demands. Water management systems, gutters, and downpipes should be reviewed to handle heavier rainfall and changing weather patterns. Proactive attention here can prevent costly damage and extend the life of the property’s key assets.
“Modernisation isn’t about losing character, it’s about ensuring our strata communities can thrive into the future,” says Maizie Churstain, Head of Strata Management at Realmark Strata. “By taking a proactive, planned approach, owners can protect both the financial value and the lifestyle appeal of their buildings for years to come.”
Technology and connectivity also play a growing role in modernisation. From upgrading NBN infrastructure to exploring 5G and satellite options, digital readiness is quickly becoming a marker of competitiveness. Likewise, reimagining communal spaces such as converting underused areas into modern shared facilities can transform functionality without compromising character.
Modernising historic strata buildings isn’t about erasing the past, but honouring it while preparing for the future. With a proactive, long-term approach, communities can preserve their charm while embracing the efficiency and expectations of the 21st century. At Realmark Strata, we partner with owners and councils to plan, protect and futureproof their assets, helping them thrive while retaining what makes them unique.
Luke Downie Head of
Can a self-managing council of owners require owners to use an online portal for communication? Is it lawful for them to withhold access to strata company records?
Our strata manager resigned due to a dysfunctional council of owners. Instead of appointing a new manager, the council called an EGM. It passed a motion to self-manage the 72-lot property using an accounting firm, a maintenance company, and AI as the manager. They passed the motion without disclosing details or costs despite repeated owner requests. Owners later discovered the property is now self-managed, though the council did not mention this at the meeting.
The council refuses to reveal where the hard and digital strata company records are kept and has denied owners access to inspect them. The council created a new online portal, but some owners have reported security issues when trying to join. The chairperson insists that all communication must go through this portal.
Can the council insist that owners register and communicate only through the portal, or can owners contact the council directly? Can the council legally withhold access to strata company records from owners?
In the absence of a strata manager, the strata council must take on a majority of the roles normally delegated to a strata manager.
A strata company is not legally required to hire a strata manager. If a strata company does not hire a strata manager, the strata council must undertake the Schedule 1 Governance bylaws requirements in the Strata Titles Act 1985 (the Act).
In the absence of a strata manager, the strata council are required to take on a majority of the roles normally delegated to a strata manager. In regards to the strata council, they must appoint a chairperson, secretary and treasurer.
It is the role of the secretary to allow and conduct an inspection of records. If a lot owner makes a written request to inspect the records or a person with a property interest under Section 107 and Section 109 of the Act, the Secretary must, within 10 days of the written application, make a date and time available. Failure to do so under the Act can result in penalties.
By-Law 9 of the standard Schedule 1 and Schedule 2 By-laws note the following requirements of the secretary. It is important though that you check your scheme’s Schedule 1 by-laws to see if they are the same as those listed in Schedule 1, by-law 9 Powers and duties of secretary of strata company.
In relation to the scheme appointing a strata manager, this is a decision that the strata council is allowed to make. However, if owners feel that the scheme should consider appointing a strata manager, I suggest calling another Extra-ordinary General Meeting. You can request the strata council call another meeting or have 25% unit entitlement of owners sign a document requesting that a Extra-ordinary General Meeting. The document should specifically have the motions you are requesting to put forward, for example ‘Motion that the strata company appoint a strata manager’. On receipt of this document, the secretary of the strata company must call an Extra-ordinary Meeting within 21 days. Section 128 of the Act provides more details.
Jamie Horner | Empire Estate Agents JHorner@empireestateagents.com
• Defect reports and forensic engineering
• Scope of works
• Dilapidation and risk surveys
• Dispute mediation and expert witness
• Contrator procurement and cost validation
• Construction management
• Capital works funds / maintenance plans
• Digital capability
• Façade assessments
• Emergency make safe
• Fire water damage restoration
• Leak detection
• Contamination response
• Building repairs
• Cost validation services
• Digital capability
Our outdoor compressor has an oil leak. A repairer advised that we need to replace the compressor. It is located on the balcony. Can we claim repairs from strata insurance?
A good starting point is to have a repairer provide advice on the cause of damage.
Whether you can claim the compressor replacement under the strata insurance will depend on the cause of the leak. Insurers generally distinguish between:
• Gradually operating causes such as wear and tear, maintenance issues, or gradual deterioration. Usually, these are considered maintenance matters and not covered by insurance.
• Sudden and accidental events such as accidental damage or an unexpected insured peril. These are the types of events that may fall within insurance cover.
Most commonly, oil leaks are deemed a maintenance issue rather than an insurable event. However, if the leak has caused further damage, for example, if oil has leaked into the compressor and resulted in a mechanical breakdown, then (subject to the terms and conditions of the policy) there may be potential cover under the machinery
breakdown section, if included. In that situation, the wear and tear component may not be covered, but the consequential damage may be considered.
Ultimately, the insurer’s position will depend on what the repairer identifies as the cause of the leak and whether it aligns with the terms and conditions of the insurance policy. A good starting point is to have a repairer provide advice on the cause of damage.
Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au
Insurance is one of the fastest-moving challenges in strata today. Premiums are rising, underwriters are more cautious, and exclusions are widening. Building age, combustible cladding, lithium battery fire risks and climate -related weather damage are all driving insurers to demand more evidence of sound risk management.
For strata managers, this means moving from a reactive stance to a proactive one. Rather than waiting for issues to surface through claims or complaints, the priority should be prevention and preparedness. Routine inspections help identify hazards early, detailed documentation shows the scheme is meeting its duty of care, and independent reports safeguard owners’ assets while reducing the risk of claim delays
Where QIA Group helps: Our Safety Reports identify compliance and safety issues before they escalate into costly claims, while our Insurance Valuations ensure schemes maintain accurate cover and avoid the risks of underinsurance. Together, these reports give strata managers and committees the confidence to demonstrate due diligence and protect their communities.
As energy markets evolve and sustainability becomes a priority, understanding the infrastructure behind your electricity supply is more important than ever - especially when it comes to embedded networks.
An Embedded Network is a private electricity distribution network, typically found in multi-tenanted buildings or strata communities. Rather than each unit connecting directly to the grid, a single gate (master) meter records the total electricity usage for the site.
Behind this, individual submeters track consumption for each tenant, resident, or owner.
These networks support aggregated purchasing of electricity at competitive rates and on-site generation.
Ownership of the infrastructure behind the gate meter usually rests with the strata or building owner, making it a valuable asset that requires careful management. The type of metering within an embedded network significantly impacts its functionality and future-readiness.
Basic meters:
These provide only a snapshot of usage at a single point in time. They require manual readings and often rely on outdated technology, raising concerns about accuracy and efficiency.
Advanced (smart) meters: These enable remote readings (when connected to a communications network) and deliver interval data - typically every 30 minutes. When integrated into Advanced Metering Infrastructure (AMI), they offer real-time insights into consumption patterns, enabling smarter energy management and billing.
Understanding and upgrading your embedded network assets isn’t just good practice -it’s becoming essential. Here’s why:
There are several reasons to understand your network and ensure it is adequate:
Regulatory Compliance: New and emerging regulations require strata bodies to:
º Facilitate customer requests for interval meters
º Test meters upon request
º Provide transparent billing and charge breakdowns
Planning to install solar PV, battery storage, or EV charging? An adequate metering system is critical to accurately track both consumption and generation, ensuring fair distribution and billing.
For sites with commercial tenants, advanced meters enable the application of R3 tariffs, which reflect time-based pricing. This can provide opportunity to recuperate funds that can be passed on.
Embedded networks are more than just infrastructure - they’re strategic assets. Investing in advanced metering and understanding your network’s capabilities can support regulatory compliance and unlock sustainability opportunities, and financial benefits.
Can you lodge a proxy before the AGM date is confirmed?
Can I submit a proxy form for an AGM before the meeting date is confirmed?
I’m heading overseas soon and want to lodge my proxy before I leave. The council hasn’t convened the AGM yet, and the usual proxy form includes a space for the meeting date. Can I still use the standard form if I leave the date blank?
You can lodge a proxy for a strata meeting even if the meeting hasn’t been called.
Yes, you can lodge a proxy for a strata meeting in Western Australia even if the meeting hasn’t been called yet.
Under Section 124 of the Strata Titles Act 1985, a proxy can be appointed for all general meetings, or for a specific meeting, depending on how the form is completed.
If you want the proxy to apply to future meetings, you don’t need to include a meeting date. Just make sure the proxy wording clearly states that it is for general use and will remain in effect until revoked.
The proxy must be in writing and properly executed. Most strata managers can provide a compliant proxy form, so it’s best to request a copy from your manager.
Courtney Butters-Kerr | B Strata operations@bstratawa.com.au
The drainage hole in my shower emits odour, airflow and mosquitoes. Who is responsible for fixing this?
There is airflow coming up through a drainage hole in my shower, accompanied by a sewerage or gas smell. During mosquito season, mosquitoes also come through this outlet. Both the strata company and the builder have told me that it is my responsibility to hire a plumber to fix the issue. I’ve had to tape over the drain and stopped using the ensuite. Who is responsible for investigating and resolving this problem?
A plumber should be able to determine if there is no trap installed between the shower drain and the stack.
For this to occur, it is likely there is no trap installed between the shower drain and the stack. A plumber should be able to utilise a camera to determine this. If no trap exists, the likely solution would be to cut into the line and install a trap.
To determine who is responsible for the works, the information will be available on your strata plan, in your by-laws, and most likely, the building’s plumbing diagrams.
Luke Downie | Realmark ldownie@realmark.com.au
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Can council members who repeatedly appoint a proxy for meetings be removed?
We have a council of owners member who does not attend any meetings, but uses his proxy to another owner. Is this allowed, and if so, what can we do?
While an owner is perfectly entitled to use a proxy, a strata council member is expected to fulfil their duties through personal attendance.
Under the Strata Titles Act 1985 (WA) and its associated regulations, a strata company member (owner) and a strata council member have distinct roles and responsibilities. The bylaws of your specific strata scheme, as well as the governance bylaws from Schedule 1 of the Act, will provide the definitive rules.
An owner who does not attend general meetings but uses a proxy is acting entirely within their rights. The WA strata laws explicitly permit this to ensure a quorum is met and allow owners to participate in decision-making when they are unable to be present.
• Validity: The proxy must be in the correct form, as specified by the bylaws, and must be given in writing to the strata company before the meeting.
• Quorum: The presence of a proxy holder counts toward the quorum for a general meeting. This is a crucial function of proxies.
• Voting: The proxy holder can speak and vote on behalf of the absent owner, and their vote is counted. The vote may be counted by number of lots or, if demanded, by unit entitlement
There is no basis to object to a valid proxy from a strata company member.
If a council member cannot attend in person, the council may agree to permit participation by telephone, video conference, or other remote means. This approach should be applied consistently to all members. Limiting meetings to in-person attendance only can disadvantage owners who live elsewhere or in another state.
This is the key point of distinction. The role of a council member is personal and involves a set of statutory duties.
According to the Strata Titles Act 1985 (WA), a council member has specific duties, including to:
• Act honestly, with loyalty, and in good faith.
• Exercise the degree of care and diligence that a reasonable person in their position would exercise.
• Not make improper use of their position.
Even though a council member’s role requires direct involvement in decision-making, the standard WA strata bylaws allow them to appoint a proxy for council meetings. This ensures the council can still reach a quorum and make decisions when a member is absent. The proxy, who must be a lot owner, acts as a temporary council member for that meeting, fully able to participate in discussions and vote on behalf of the absent member.
This is directly supported by Section 8, subsections (3) and (4) of the governance bylaws in the Strata Titles Act 1985 (WA), which are found in Schedule 1 of the Act: Section 8. Meetings of Council.
1. Review Your Bylaws: Check your strata scheme’s specific bylaws. They may contain a provision for the removal of a council member who has a poor attendance record.
2. Raise the Issue with the Council: The other council members should formally discuss the issue. They can remind the absent member of their duties and the importance of their direct participation.
3. Removal by Special Resolution: Under the Strata Titles Act, a strata company can remove a council member from office before their term expires by passing a special resolution at a general meeting. This requires a vote of at least 75% of the total unit entitlement of all lots in the strata scheme, or a simple majority of votes by number if no demand for a unit entitlement count is made. This is a formal and serious step. We are one of the leading law firms in Western Australia’s local government sector
Our team of experienced local government lawyers strive for clarity and excellence in our advice to our clients. Call us today to find out how our team can prevent, manage and resolve the legal issues that face your local government. civiclegal.com.au Contact us
4. Application to the State Administrative Tribunal (SAT): If the council member’s absence is causing a significant problem (e.g., the council cannot meet the quorum to make decisions) and a special resolution is not feasible, apply to the State Administrative Tribunal (SAT) to remove the person from the council. The SAT has the power to make orders, including the removal of a specified person from office.
In summary: while an owner is perfectly entitled to use a proxy, a strata council member is not and is expected to fulfil their duties through personal attendance. If they are failing to do so, the strata company has clear pathways under the Act and its bylaws to address the situation, including removal from the council.
SVN Perth info@svnperth.com.au
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D E C O R A T I N G
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g u i d e l i n e s a b o u t p l a c e m e n t s , t i m i n g s o r r e m o v a l d a t e s . A v o i d f i x i n g d e c o r a t i o n s t o w a l l s o r
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P A R K I N G
P a r k i n g c a n o f t e n b e a p i n c h p o i n t w h e n t h e r e a r e f e s t i v e g a t h e r i n g s h a p p e n i n g . V i s i t o r s
b a y s s h o u l d r e m a i n a v a i l a b l e f o r s h o r t - t e r m g u e s t s o n l y a n d d r i v e w a y s a n d f i r e e x i s t s m u s t
r e m a i n c l e a r , s o p l e a s e n o t i f y y o u r g u e s t s
C h r i s t m a s i s a t i m e f o r j o y a n d g o o d w i l l , s o t h a t i n c l u d e s b e i n g
WE’RE HAVING A CHRISTMAS PARTY
m i n d f u l o f t h o s e a r o u n d y o u . N o i s e f r o m m u s i c , c a r o l s o r v i s i t i n g
g u e s t s c a n e a s i l y t r a v e l b e t w e e n l o t s e s p e c i a l l y i n a p a r t m e n t
b u i l d i n g s . L e t o t h e r s k n o w i f y o u a r e h o s t i n g a l o t o f g u e s t s i n
a d v a n c e , w i n d d o w n a t a r e s o n a b l e h o u r a n d e n s u r e y o u a r e
d i s p o s i n g o f e x c e s s r u b b i s h a p p r o p r i a t e l y .
Who’s responsible for fixing the balcony? First, check whether it’s under warranty
What can I do if the strata council and strata manager refuse to authorise necessary repairs to my balcony after the original contractor left the job incomplete?
The strata council organised a builder who also owns one of the apartments to repair my balcony and another lot, but the builder left both unfinished. The council obtained a new quote from a reputable builder, which was cheaper than the original, and submitted it to the strata manager — but no one will authorise the work. It’s now been six months. What are my options for getting these repairs completed?
Checking your building warranty period.
To respond to your questions fully, we would need to know more about the defect (structural or non-structural), and also confirm from the strata plan whether it’s common property and if there are any bylaws that note responsibility to use and maintain the balcony. This information would determine who is responsible for repairs and maintenance.
Firstly, check your strata plan and by-laws.
Secondly, check your building warranty period. If you are still in warranty, you may be best to lodge the defect with the builder. Include the strata manager in the correspondence. If the defect is in the warranty period and covered by the warranty, and the builder does not rectify, contact the Office of Building and Energy.
In regards to the requirements of the strata company to fix common property, the Strata Titles Act 1985 notes the following under Section 91 General Duty
1. A strata company must –
a. control and manage the common property for the benefit of all the owners of lots; and
b. keep in good and serviceable repair, properly maintain and, if necessary, renew and replace —
i. the common property, including the fittings, fixtures and lifts used in connection with the common property; and
ii. any personal property owned by the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause.
The key item above is the word must. If the balcony is common property, the strata company is responsible for the repair. However, if the issue is under a warranty period, the repair may require rectification by the builder; hence, why the defect type and warranty period is essential to establish. It would be best to request this information from the strata manager and the strata council. The defect, if the responsibility of the strata company, may require further actions before it can be repaired including additional quotes and/or funding. For example, if the annual approved strata budget has not allocated sufficient funds for it.
I would suggest reviewing all these possibilities. If you are not satisfied with the response, seek legal advice.
Jamie Horner | Empire Estate Agents JHorner@empireestateagents.com
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Can a council of owners call two EGMs that exclude owner motions and are at an inconvenient location for most owners?
The council of owners recently emailed all owners with links to two agenda notices for two EGMs scheduled for the same night. One EGM involves approving a budget exceeding $125,000, supported by only one quote. The strata manager was not involved, so the agenda notices and documents were not filed in the strata company’s official records, and owner-submitted motions were omitted.
Both EGMs are held at a location that is difficult for most owners but convenient for the chair. Do owners have options to challenge these procedural issues?
If a lot owner gives a member of council written notice of an item of business for a general meeting, that item must be included on the agenda.
Section 128 of the Strata Titles Act 1985 (STA1985) sets out the requirements for an Extraordinary General Meeting (EGM) of the strata company. 128 (2)(a) states that an EGM “may be convened by the council of the strata company as the council thinks fit…” It seems unnecessary to convene two separate EGMs on the same night.
However, if the council provides proper notice, there is nothing within the legislation that prevents two meetings from being held on the same date.
You mention that “one EGM involves approving a budget exceeding $125,000”, so I assume a motion to amend the budget was approved at your last AGM. If a quote was obtained for the purpose of budgeting, I consider it reasonable that only one quote has been obtained. The reason I form this opinion is that the council of owners may not want to waste the time, cost and effort of contractors quoting a general meeting approving expenditure. Your council may intend to obtain a further quote post EGM.
It is considered good practice to obtain more than one quote for works where the likely expenditure warrants due diligence. It would also be good practice to ensure due process on larger projects such as:
1. Clearly defining the purpose of the project.
2. Ensuring that relevant expert advice is obtained.
3. Having a scope of works developed.
4. Undertaking a quote or tender process
a. Analysing the quotes obtained to ensure that they are comparable in scope, terms and conditions and inclusions.
b. Checking the capability of those providing the quotation.
c. Obtaining references where necessary
5. Understanding any permits or license requirements for the project.
6. Considering communication requirements and management of health and safety
7. Considering who will manage the project and if necessary, engagement with a project manager.
8. Contract review process and if a lawyer should be engaged in this process.
Section 137 of the STA1985 sets out the responsibilities of the council of a strata company. One of those requirements is exercising a degree of care and diligence in performing their functions. I am of the opinion that this includes ensuring more than one quote is obtained, where possible and practical. There are circumstances and times, even on larger projects, when it may be reasonable to only have one quote. We would need to assess the individual circumstances of your strata company’s project to consider.
Regarding agenda items, if a lot owner gives a member of council written notice of an item of business for a general meeting, that item must be included on the agenda in accordance with section 129(4) of the STA1985.
Luke Downie | Realmark ldownie@realmark.com.au
Can the amount claimed in tribunal or court proceedings for levy recovery be increased to include additional levies that accrue before the ruling?
Once tribunal proceedings for a levy debt begin, can the amount we’re claiming be increased to include levies that continue to accrue during the lengthy period before a ruling? Otherwise, it seems the body corporate must begin new recovery action for the next round of unpaid levies, which results in ongoing legal fees that quickly erode any recovered funds. Is this correct? Is there a more effective approach to managing these situations without having to repeatedly start new proceedings?
Any levies that do not form part of the original claim will not be automatically added after an application has been made or court proceedings have commenced.
This situation often arises when there is ongoing or recurring debt. Levies that become payable after an application has been made or proceedings have been commenced cannot be added to the tribunal or court proceedings. This applies consistently across all states.
Unfortunately, if it takes some time, for example a year, to recover those levies, the strata company will need to commence a new recovery process for any additional amounts that have become due since the commencement of proceedings. Whilst the need to make a new application or commence new proceedings is frustrating, a new action may be commenced before the existing proceedings have been paid. If the cycle is ongoing, the owners corporation may need to seek advice about the options available to it.
Petra Lohmann | Bugden Allen petra@bagl.com.au
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What are the different ways to repair concrete cancer?
What are the different ways to repair concrete cancer? Are there options like polymer-modified repairs or electrochemical treatments besides the traditional method of removing and replacing damaged concrete?
It depends where the concrete cancer or spalling is appearing.
It really depends on where the concrete cancer or spalling is appearing. Cracks can be injected with epoxy for structural issues or polyurethane for waterproofing. It is still better to treat the cause of the issue by re-waterproofing it above the crack.
If the issue is spalling, the most common repair method is to grind out the affected concrete, treat the corroded reinforcement and rebuild using a specific mortar.
Sam Hogg | PASG Projects info@pasg.com.au
Can a strata manager demand payment of a special levy before the contractor completes the work? If there is any overpayment, is this kept by the strata company?
All four owners in our small strata scheme agreed to roof maintenance, with each unit paying a different amount. The strata company raised a special levy based on the original quote. The strata manager says we must pay the full quoted amount in advance and that if the final cost is lower, the strata company will retain any excess.
Can they do this? Shouldn’t we receive a firm quote and pay only after the work is completed satisfactorily?
If the works are less than the amount raised, those funds remain part of the strata company funds.
The process of raising levy contributions is detailed in Section 100 of the Strata Tiles Act 1985,” specifically section 100(1) (b) (c) & (4).
Normal procedure would be to obtain a quote, convene a general meeting (or a vote outside a general meeting) with a motion to accept the quote and a motion to raise then a special levy contribution. The motion must include the required amount and the due and payable date. The levy contribution would be raised in accordance with the unit entitlement of each lot (unless there is a specific by law stating that the strata company will raise levy contributions via a different method).
If the works turn out to be less than the amount raised, those funds remain part of the strata company funds. It is not unusual for levies to be required to be paid prior to any works commencing, as in some cases the contractor may require a deposit. It would, however, be very unusual to pay the contractor in full before the satisfactory completion of the works.
Andrew Chambers | Chambers Franklyn Strata Management andrew@chambersfranklyn.com.au
LookUpStrata
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StrataMax
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QIA Group
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GQS
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Leary & Partners
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BIV Reports
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Solutions in Engineering
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Mabi Services
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HFM Asset Management Pty Ltd
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Independent Inspections
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Leo & Associates Consulting Engineers
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Strata Insurance Solutions
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Lync Insurance Brokers
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Whitbread Insurance Brokers
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Logiudice Property Group
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Perth Strata Co.
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Contessi Properties
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Bugden Allen
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Moray & Agnew Lawyers
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Strata Solve
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Tunnel Vision (WA) Pty Ltd
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Bright Connect
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Perth’s Line Marking Service
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Groundfloor™
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Lifestyle Clotheslines
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Metrowest Service Pty Ltd
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Energy On Pty Ltd
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Calibre Painting
Exceptional commercial painting services.
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Higgins Coatings Pty Ltd
Specialist painters in the strata industry
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ABN Lift Consultants
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Innovative Lift Consulting Pty Ltd
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The Lift Consultancy
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NGEES
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Install My Antenna
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