WA: Q&A Can owners make strata record requests by email?

This article discusses whether strata record requests in WA can be made by email and how to address non-compliance by the strata company.

Question: Can a strata records request be submitted by email? What happens if the strata company fails to respond within the required three days?

Can a records request be made by email, or must it be submitted in physical form and delivered to the strata company’s registered address? My understanding is that the strata company has three days to respond to the request. If they fail to do so, what is the correct process to enforce the penalty under section 109(1)(b)? Does this require an application to the State Administrative Tribunal, or is there a simpler way to take action?

Answer: I believe that a strata company should accept applications electronically.

The provision of information by a strata company is covered under section 107 of the Strata Titles Act 1985. Section 107 sets out that a person with a proper interest, or a person authorised in writing by such a person, may apply to the strata company for:

1. Information outlined under section 108 (must be supplied within 14 days from receiving application)
   
   
   1. Name and address for service of the members of the council;
   
   
   2. Name and address for service of an officer of the strata company;

Inspection of material under section 109

1. Materials kept under section 104
   
   1. Scheme documents and and proposed amendments
   
   
   2. Minutes of general meetings and meetings of council & records of resolutions and decisions(up to 7 years to be retained under regulation 83)
   
   
   3. Records and statements of accounts (7-year retention under regulation 83)
   
   
   4. Notices of meetings and proposed resolutions and material connected to the resolutions (7 year retention under regulation 83)
   
   
   5. Section 79 disclosure notices
   
   
   6. Correspondence, notices or orders the strata company or its council send or receive
   
   
   7. Leases or licenses in connection with the Strata Company
   
   
   8. Contracts and associated documents
   
   
   9. Common area lease, license granting special privilege other than exclusive use.
   
   
   10. Key documents
   
   
   11. Documents accepted and received under section 63(8) or (9)
   
   
   12. Terms of section 118 resolutions
   
   
   13. Financial reports, budget, contribution resolutions and 10 year plan
   
   
   14. Any termination proposal


2. Roll or Owners


3. Any other documents on the possession or control of the Strata Company.

Certificates under section 110 (predominantly used in assisting in the transacting and settlement of title).

I am of the opinion that a strata company should accept applications electronically. While the Act specifies the application must be “in writing”, this has generally been interpreted to include digital forms when presented via approved electronic channels. In modern legal contexts, “in writing” can encompass electronically submitted applications.

You refer to the three day period mentioned under section 109(1)(b), which refers to the strata company’s responsibility to choose the date, time and location for the inspection of records, should agreement between both parties not be reached at the conclusion of those three days. The details for the inspection are still required to be between the hours of 9 am and 5 pm on a day not more than 10 days after the strata company receives the application.

Penalty under the Strata Titles Act 1985 can only be applied by order of the State Administration Tribunal.

Luke Downie Realmark E: ldownie@realmark.com.au P: 08 9328 0999

This post appears in Strata News #766.

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