Strata Reforms are here, how will they impact you?
Sweeping improvements have been passed into Western Australia’s strata laws as of the 01 May 2020, the amendments aim to make strata better and provide more flexible and sustainable housing options to benefit strata owners, residents, occupiers, investors and developers.
The Strata Titles Act 1985, as amended 2018 and the Strata Titles (General) Regulation 2019 are now in effect and your Strata Company must now comply with certain aspects on the amended legislation immediately.
Who will be impacted?
All strata properties registered as a Strata Title at Landgate are now subject to the Strata Titles Act 1985, as amended 2018.
The Strata Reforms are explained further in this Landgate presentation.
Here’s how the change will affect you
All strata properties registered as Strata Titles at Landgate are subject to the Strata Titles Act 1985, as amended 2018 and are subject to changes brought about by the amendments
As an owner within a strata scheme, not only do you own your lot, but you also have shared ownership of a common property with the other owners in your complex, your portion of the share is in accordance with your unit entitlement.
Under the Act, strata schemes have rules applied to owners and occupiers in respect of their property which are set out in the scheme by-laws and within the body of the legislation – Strata Titles Act 1985, as amended 2018. The Strata Company – all owners – have responsibilities and general duties that must be exercised in partnership with other owners to ensure compliance with the Act, to ensure effective management of the Strata Schemes responsibilities it is important to ensure that your Strata Company have an active Strata Council.
Strata Reform benefits to Owners
The new strata reforms will bring great benefits to owners including:
- Improving the management of schemes and clearly outline the requirements
- Strata managers will have to meet educational requirements and will be made more accountable to carry out comprehensive statutory duties
- Owners will be empowered to improve their schemes and retrofit their schemes to benefit from renewable energy sources
- 10 Year Plans will allow Strata Companies and owners to be more prepared for maintenance requirements for their complex
- Ability to utilise technology to hold remote/online meetings and distribute correspondence via email instead of post
- Requirement to consolidate Scheme By-laws – this means that all additional by-laws will be on one document instead of multiple
Dispute resolution will be simplifiedUnder the amended legislation, the State Administrative Tribunal (the Tribunal) will be the one-stop-shop for strata disputes.
Buyers will be better informed
The reforms will assist buyers in assessing whether living in strata is the right move for them. Under the amendments, people buying into strata will receive better information about the strata company.
The disclosure will give guidance on important issues to consider about strata, such as details of strata levies, a statement of the strata company accounts and the minutes from the most recent annual general meeting of the strata company.
This information will allow buyers to have a better understanding of the Strata Company they are about to purchase in.