As of May 1st 2020, the new reform has come into effect immediately. The Strata Titles Act 1985 remains as of the same name, however, please note the publishing date has changed to 01 May 2020.
The WA State Government has given Landgate responsibility for delivering Strata Reforms to Western Australia.
The strata reforms aim to make strata greater and provide flexible and sustainable housing options to benefit strata owners, residents, tenants, investors and developers.
Making Strata Better
The strata reforms will make strata better for owners and residents, introduce new land development options to drive economic growth and support the Government’s delivery of the METRONET station precincts and affordable housing.
There are seven areas of Strata Reform which will be delivered as a package comprised of the Strata Titles Act 1985 and the Community Titles Bill 2018.
All strata properties registered as Strata Titles at Landgate are subject to the Strata Titles Act 1985 (the Act) and will be subject to changes brought about by the Strata Titles Amendment Bill that is proceeding through Parliament.
As an owner within a strata scheme, not only do you own your lot, but you also have shared ownership of common property with the other owners in your strata scheme in accordance with your unit entitlement.
Under the Act, strata schemes have rules applied to owners in respect of their property which is set out in the scheme by-laws. Each owner has rights and responsibilities that will be exercised in partnership with other owners. The rights and responsibilities of leaseholders are outlined within their lease agreement and in the scheme’s by-laws.
Benefits to Owners
Improving the management of schemes
strata owners will benefit from improved management procedures
strata managers will be regulated and made more accountable to carry out comprehensive statutory duties that will be imposed upon them
owners will be empowered to improve their schemes and retrofit their schemes to benefit from renewable energy sources.
Simplifying dispute resolution by:
making the State Administrative Tribunal (the Tribunal) the one-stop-shop for strata disputes
strengthening the Tribunal’s powers to efficiently resolve strata disputes.
Better Buyer Information
To assist buyers in assessing whether living in strata is the right move for them, the reforms will give people buying into strata better information about their strata lots. The disclosure form will be easy to read and give guidance on important issues to consider about strata. Some of the better information buyers will receive includes 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.
Introducing safeguards for termination of schemes
Terminating a scheme under the current law does have a process for unanimous resolution. However, there are also processes under the current Act that can allow for termination to happen without this vote such as one owner applying to the District Court for an order to terminate a scheme.
For more information, find out more on the All about the reforms page.
This information has been prepared/compiled by SPI (WA) Pty Ltd t/as Abode Strata for the purposes of informing strata community stakeholders on the nature and scope of the proposed reforms to the Strata Titles Legislation. Every effort has been made to ensure the information presented is accurate at the time of publication within this website, including links to relevant parties. This information is in plain English and devoid of legal language, with information about the law either summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advice or reference to the actual or proposed legislation. The contents should not be relied on as a guide for current or future legislation relating to Strata Title or Community Title in Western Australia or in relation to current or future subdivision, development proposals, commercial transactions or dealings in Strata Title.