This article discusses who is responsible for repairing a defective balcony in a WA strata scheme and the importance of checking the building warranty first.
Question: What can I do if the strata council and strata manager refuse to authorise necessary repairs to my balcony after the original contractor left the job incomplete?
The strata council organised a builder who also owns one of the apartments to repair my balcony and another lot, but the builder left both unfinished. The council obtained a new quote from a reputable builder, which was cheaper than the original, and submitted it to the strata manager — but no one will authorise the work. It’s now been six months. What are my options for getting these repairs completed?
Answer: Checking your building warranty period.
To respond to your questions fully, we would need to know more about the defect (structural or non-structural), and also confirm from the strata plan whether it’s common property and if there are any by-laws that note responsibility to use and maintain the balcony. This information would determine who is responsible for repairs and maintenance.
Firstly, check your strata plan and by-laws.
Secondly, check your building warranty period. If you are still in warranty, you may be best to lodge the defect with the builder. Include the strata manager in the correspondence. If the defect is in the warranty period and covered by the warranty, and the builder does not rectify, contact the Office of Building and Energy.
In regards to the requirements of the strata company to fix common property, the Strata Titles Act 1985 notes the following under Section 91 General Duty
- A strata company must –
[(a) deleted]
- control and manage the common property for the benefit of all the owners of lots; and
- keep in good and serviceable repair, properly maintain and, if necessary, renew and replace —
- the common property, including the fittings, fixtures and lifts used in connection with the common property; and
- any personal property owned by the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause.
The key item above is the word must. If the balcony is common property, the strata company is responsible for the repair. However, if the issue is under a warranty period, the repair may require rectification by the builder; hence, why the defect type and warranty period is essential to establish. It would be best to request this information from the strata manager and the strata council. The defect, if the responsibility of the strata company, may require further actions before it can be repaired including additional quotes and/or funding. For example, if the annual approved strata budget has not allocated sufficient funds for it.
I would suggest reviewing all these possibilities. If you are not satisfied with the response, seek legal advice.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400
This post appears in the November 2025 edition of The WA Strata Magazine.
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