WA: Duties of a Strata Company – Strata Titles Act 1985 Section 91

This article provides information about refurbish, renew or upgrade of buildings with the new WA Strata Legislation and has been provided by Shane White, Strata Title Consult.

The new changes to the WA Strata Titles Act 1985 (the Act) will see the strata company duties moved from the old section 35 of the Act to the new Section 91 General duty.

The new section has a few changes:

Part 8 – Strata Company: Section 91 General Duty

91. 35. General duty Duties of strata companies
    
    1. A strata company must —shall —
       
       1. enforce the by-laws; and
       2. control and manage the common property for the benefit of all the owners of lots; and
          proprietors; and
       3. keep in good and serviceable repair, properly maintain and, if where necessary, renew and replace —
          
          1. the common property, including the fittings, fixtures and lifts used in connection with the common property; and
          2. any personal property owned by vested in the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause and

Sub-section 1(a) “enforce the by-laws” has been relocated to Section 112 – “Compliance with
scheme by-laws”.

Perhaps the most important change is the new subsection (2)

2. A strata company may improve or alter the common property in a manner that goes beyond what is required under subsection (1).

Let’s Do Up Our Building

There’s only so much a lick of paint can do.

Many strata schemes that have been around for 20 years or more are starting to look tired and run down.

This in some cases has occurred due to the limitations in the Act only allowing “renew, repair, replace” requirements with like for like replacement. In other cases, it is because the building hasn’t been maintained.

This new addition to the Act now permits a strata scheme to “refurbish, renew or upgrade” its
facilities allowing for modern upgrades to older buildings, incorporating the latest technology ideas and
cost saving improvements such as solar panels, security upgrades, modernisation of lift foyers and
equipment just to name a few.

Improvements of this nature could help to modernise the building and maintain its prestige.

Keeping in mind that any of these changes would have to coincide with the Maintenance Plan (10
Lots or over) that should envisage these improvements and upgrades so that they are within budget
and happen in accordance with a program of improvements.

Have a question about Section 91 of the WA Strata Titles Act 1985 dealing with the ability to refurbish, renew or upgrade your building or something to add to the article? Leave a comment below.

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Read next:

• WA: Maintenance Planning and Insurance: The Strata Titles Amendment Act 2018 (STAA 2018)
• WA Strata Titles Amendment Act 2018: duties of a council member and how to protect yourself from liability

This post appears in Strata News #369.

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au

Disclaimer: this article should not be relied on as legal advice.

Visit Maintenance and Common Property, Strata Law Reform OR Strata Information WA pages.

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