Information on Strata Title by Tony Aristei., Counsel.
is an article by Barrister, Tony Aristei. It was first published in the
webpage of Tan and Tan Lawyers.
Strata Titles in Western Australia
Introduction to "Strata Titles"
strata title comes about when a structure on a property is divided into
several (or at the very least more than one) separate units. In Western
Australia, the law regulating residential strata titles is the Strata
Titles Act 1985 (WA) ("The Act). A "strata company" (see section 3 of
the Act) is the corporation created when a strata plan is registered:
see sub-sections 32(1) and (2) of the Act. The role of a strata company
is to administer and maintain the strata property for the benefit of all
of the unit holders and also to enforce the articles of the strata
Maintenance and Repairs
a unit holder’s responsibility to maintain and repair their own unit on
the strata title property. If the strata company is forced to maintain
or repair a unit, the individual unit holder is liable for the cost to
the company. A strata company representative may enter a unit to carry
out specific work if the unit holder has failed to do so. However, the
strata company must first have requested (in writing) that the unit
holder carry out the repairs or maintenance and must also have given the
unit holder reasonable notice (ie sufficient time) to comply. In the
case of an emergency, a strata company representative may forcibly enter
a unit to carry out repairs, for example a water pipe bursting.
Negligence and Insurance
member of the general public, or a unit holder, is injured due to the
negligence of the strata company then the company could be found to be
liable. For example, a tree-branch falls onto a parked car on the
street. It has fallen from a tree growing on the strata title’s common
property. The strata company may be liable for the damage caused by the
tree-branch if it was negligent in not pruning or maintaining the tree
in a safe or adequate manner. Thus, all strata companies have to insure
themselves for public liability insurance, in case of an event like
more information on strata titles, see:
Comments from Portfolio Settlements
are more and more properties falling within the Strata Title Act in
Australia. As space becomes a premium, inner city land is being
developed into Strata Title land for maximum benefit to land owners.
Hence , it is important that we understand the rules governing strata
of the most important rule is that developers of strata title units are
not allowed to use funds collected from potential buyers of strata
developments for their building construction. Hence , if you sign a
contract for a strata unit which is to be developed in the future, the
developer cannot use your moneys for any of the actual development of
the strata property. These rules were implemented to ensure that
unscrupulous developers do not use your funds to commence a multi
building development in the hope that they can attract other buyers
before the development is completed.
important that before you sign any contracts to purchase an "off the
shelf " development, a lawyer be consulted to vet the purchase contract.
Portfolio Settlements have extensive experience in settling purchase of
"off the shelf" strata development and will be glad to provide advice.