This Q&A article is about utility services in a WA strata scheme.
Table of Contents:
- QUESTION: Will strata management software providers update their programs to meet the new legislative compliance requirements for embedded networks?
- QUESTION: Who is responsible for compliance with the Embedded Network Code of Practice in a strata scheme?
- QUESTION: For utility services in a WA strata scheme, can we create a by-law to ban smart meter installations, and if so, what voting requirement is needed?
Question: Will strata management software providers update their programs to meet the new legislative compliance requirements for embedded networks?
The recent legislative changes for embedded networks introduce new requirements for strata managers, which will likely require improvements to existing strata management software to handle these obligations. Will software providers need to update their programs to meet the new compliance requirements, and are they prepared for this?
Answer: Strata managers must ensure compliance with new code requirements, but they can rely on partnerships with meter service providers for support.
Scott Bellerby, B Strata:
When it comes to strata management software, there are definitely limitations. That’s where partnerships with meter reading companies, such as EnergyTec, can help. They can assist with that additional layer of compliance.
Strata managers won’t be able to say, “Our system doesn’t support it,” as an excuse once the new requirements come into effect.
Damien Moran, EnergyTec:
The heavy burden of code compliance, like providing advanced notice of fee increases, can be managed by businesses like ours, or by meter service providers and agents, with support from strata managers. The role of the strata manager remains critical: they’re responsible for aligning and managing the by-laws, as well as recovering associated costs and charges.
There needs to be a symbiotic relationship between the meter network service provider and the strata manager to ensure everything works together efficiently.
Scott Bellerby
B Strata
E: scott.bellerby@bstratawa.com.au
P: 08 9382 7700
Damien Moran
EnergyTec
E: damien.moran@energy-tec.com.au
P: 08 9382 7700
This post appears in the September 2025 edition of The WA Strata Magazine.
Question: Who is responsible for compliance with the Embedded Network Code of Practice in a strata scheme?
Our strata scheme operates an embedded electricity network managed by a third-party provider. Who is responsible for ensuring compliance with the Embedded Network Code of Practice(CoP)? Does accountability sit solely with the energy provider?
Answer: These third-party arrangements vary based on the terms of the agreement your scheme or developer has entered into.
These third-party arrangements vary based on the terms of the agreement your scheme or developer has entered into.
Possible scenarios:
- A third party operates as a licensed retailer and owns the sub-meter network (meters) installed in your scheme’s electrical infrastructure, selling electricity directly to residents. The third-party operator would be responsible as the ENS under the code.
- A third-party has been granted a license with easements to utilise the scheme owned meter network to onsell electricity directly to the residents. The scheme would be primarily responsible as the Embedded Network Supplier (ENS) under the EN CoP.
Often, the solar, battery and EV charging assets are owned by the third-party. Third occurs when the third party is granted licenses or gains exclusive use of spaces, such as roofs for solar. Third parties are interested in these assets because they are income-generating assets. In some instances, specific lots have been granted access to solar generation, while others have not.
The electrical infrastructure distributing the electricity throughout the property remains the property of the scheme as does the liability of maintenance, insurance, compliance, etc.
Damien Moran
EnergyTec
E: damien.moran@energy-tec.com.au
P: 08 9382 7700
This post appears in the September 2025 edition of The WA Strata Magazine.
Question: For utility services in a WA strata scheme, can we create a by-law to ban smart meter installations, and if so, what voting requirement is needed?
Our small strata scheme has eight units, each with its old-style electrical meter in a common area. One owner wants to create a new by-law that prohibits the installation of smart meters. Is this possible, or would it conflict with the existing by-laws or regulations regarding WA strata scheme utility services? If such a by-law can be introduced, what voting requirement is necessary for the by-law’s approval?
Answer: Whether the by-law complies with the Act or any other law will depend on the exact content of the by-law.
Damien Moran, EnergyTec:
We cannot reply regarding whether it can legally be introduced as a by-law. However, we recommend the owner does not pursue this as there are changes proposed to the Electricity Industry (Alternative Electricity Services) Amendment Bill 2023, which involves an Embedded Networks Code of Practice. This is set to become mandatory in 2025 and allows customers (i.e. lot owners) to request an interval (advanced) meter at the supply address. It is our understanding that any by-laws would not supersede this, and all embedded networks would have to comply with the new Code of Practice.
For more information, please refer to: Western Australian Government: Voluntary Embedded Networks Code of Practice
Jason O’Meara, McWilliams Davis Lawyers:
The basis for the owner’s opposition to smart meters being installed within the strata scheme and the content of a scheme by-law will be an important factor in determining the validity of the proposed by-law.
Under Section 63(4) of the Strata Titles Act 1985 (WA), a strata company must not interfere or permit interference with a utility service provided by means of utility conduits in a way that may prejudice the use or enjoyment of a lot or the common property, other than:
- in the reasonable exercise of rights under a utility service easement of which it has the benefit; or
- in the performance of its function of controlling and managing common property in the scheme.
Any interference by a strata company with a utility service provided by means of a utility conduit (which is likely to include the implementation of a by-law) must only be exercising the rights of a strata company under a utility service easement of which the strata company has the benefit or in the performance of its function of controlling and managing the common property in the scheme.
Whether such a by-law complies with Section 63(4) of the Strata Titles Act 1985 (WA) or any other law will depend on the exact content of the by-law.
There is a risk that such a by-law could be held to be invalid for various reasons, including:
- that the by-law is inconsistent with the Strata Titles Act 1985 (WA) or another written law;
- to the extent that the by-law purports to discharge or modify an easement; or
- having regard to the interests of all the owners of the lots in the scheme and the use and enjoyment of their lot, that the by-law is oppressive or unreasonable.
An owner considering such a by-law (or a strata company that receives such a proposal) should obtain legal advice on the proposed by-law’s validity, as the individual circumstances of each strata scheme will apply and affect the outcome of any advice.
Damien Moran
EnergyTec
E: damien.moran@energy-tec.com.au
P: 08 9382 7700
Jason O’Meara
McWilliams Davis Lawyers
E: jo@mcwilliamsdavis.com.au
P: 08 9422 8910
This post appears in the October 2024 edition of The WA Strata Magazine.
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