WA: The State Administrative Tribunal and Strata Disputes

This article about filing a SAT Application has been supplied.

Table of Contents:

• QUESTION: We have a strata council member who is constantly emailing the strata to the point of harassment. What are our legal options to stop this behaviour?
• QUESTION: One lot owner in our 40 lot scheme is regularly very abusive and bullying to residents and visitors. This has been going on for years. The police have been involved. What can we do?
• ARTICLE: How lot owners can seek help from the State Administrative Tribunal in a strata dispute

Question: We have a strata council member who is constantly emailing the strata to the point of harassment. What are our legal options to stop this behaviour?

We have a strata council member who is constantly emailing the strata company. The strata company has asked the other council members to speak to her in relation to her conduct as they believe she is harassing them consistently.

The council’s concern is that if this doesn’t cease we will have to find a new strata company [even though the current one is very average], however we are all finding it extremely difficult to deal with this council member.

What are our legal options?

Answer: There are various things that the council members could consider doing

As a preliminary point, we assume that the term ‘strata company’ is intended to refer to the strata manager (which can be a strata management company). The term strata company refers to the one that all lot owners are part of. This response uses the term ‘strata manager’ as being the party engaged by the strata company to manage assorted tasks on the instructions of the council of owners of the strata company.

There are various things that Sarah and her fellow council members could consider doing, including:

• checking the contract between the strata manager and the strata company. There may be some provision in it that restricts communication or instructions. Perhaps only the secretary or chairperson of the council is authorised to give directions or communicate with the strata manager.
• checking the minutes of meetings of the council. It may have passed some resolution that states which of the council members has authority to communicate with the strata manager directly. Once again, it might be the chairperson or the secretary.

These should be explored first. If the right clauses or resolutions are in place, they should hopefully provide a clear basis for informing the council member that he is she should cease contacting the strata manager.

Only if these do not work, should the council then consider preparing for a dispute between the strata company and the particular council member.

If the performance of the strata manager is considered to be poor, then it is a matter for the council to review that performance against specific clauses in the strata management contract between the strata company and the strata manager.

Disclaimer: This comment contains references to and general summaries of the relevant law and does not constitute legal advice. The law may change and circumstances may differ from reader to reader. Therefore, you should seek legal advice for your specific circumstances.

Anthony Quahe
Managing Principal
Civic Legal
E: aquahe@civiclegal.com.au
P: 08 9200 4900

This post appears in Strata News #478.

Question: One lot owner in our 40 lot scheme is regularly very abusive and bullying to residents and visitors. This has been going on for years. The police have been involved. What can we do?

I own a unit in a strata complex of 40 units. One lot owner can be very abusive and bullying to visitors to the site. If a new tradesman is appointed to maintain communal property, the Lot Owner challenges the tradesman and yells abuses and scream that tradesmen have no right to access the site. The Owner interferes in activities on communal land, abusing other Lot owners who do voluntary gardening or other repairs. This behaviour has been going on for about 15 years.

We are concerned because this behaviour has escalated. What if a tradesman attends, the Lot Owner becomes abusive and the tradesman bill the Strata Company for a call out fee? This could prove very costly to all Lot Owners in the long run.  

The WA Police have 4 files of complaints. What can we do?

Answer: Often, we find peoples poor behaviour stems from ignorance of the legislation which governs the Strata Company.

Living within a Strata community involves embracing the diversity of all the residents and people visiting the strata complex. Strata living is not for everyone, and it is very sad that one person has been able to impact the community for over 15 years. For the police to have 4 files of complaints, and no actions have been taken is a concern.

There are the usual legal routes that could be followed. Individual owners or residents could look into taking out a restraining order (VRO or MRO) against the individual, if necessary, to protect themselves. There is no avenue for the Strata Company to take such action on behalf of owners.

It may be worth trying to take the time to find out the core issues, if this person will engage with you in a civil manner. If the Strata Company, perhaps through a professional mediator, talked with the aggrieved owner, the real problem might be found. Often, we find peoples poor behaviour stems from ignorance of the legislation which governs the Strata Company. It is worthwhile investigating the problems fully, and usually solutions and mediated outcomes may be found.

At B Strata, we have found that often it is a feeling of isolation, not being involved, not feeling valued that causes such behaviour, and whilst there are ways for individuals to participate in their Strata Company, many feel unable or unwilling. There could be heath issues, and mental health is a key focus, with so many people being at home much more than in the past. Being a Strata Manager often involves playing a part of the Social Service roles.

How do you stop this one owner’s behaviour? Unfortunately, there is nothing in the Strata Titles Act that enables the Strata Company to take action against owners that are abusive, threatening, or simply unpleasant to live with, in fact, Section 119 purports that we all live in a utilitarian society and the rights of each individual, regardless of the circumstances, need to be protected. Robust by-laws will help, but again, this may require the strata company to pursue the matters further in SAT.

Debbie Morley
B Strata
E: debbie.morley@bstratawa.com.au
P: 9382 7700

This post appears in the May 2021 edition of The WA Strata Magazine.

ARTICLE: How lot owners can seek help from the State Administrative Tribunal in a strata dispute

It has always been the case that a proportion of the people who live in or manage strata lots fall into some kind of disagreement. Some of these end up being intractable and need third party intervention.

The recent amendments to the Strata Titles Act 1985 (WA) (Act) gave the State Administrative Tribunal (SAT) sole jurisdiction for the resolution of strata disputes. Those amendments, which came into effect on 1 May 2020, have solved some of the legalistic problems that had previously dogged strata disputes. They have also given more scope for seeking help from the SAT to resolve strata disputes.

This article provides a brief overview on how to apply to the SAT as a lot owner.

How do I start an application?

Applications to resolve a dispute in the SAT are made through the online eCourts portal.

Certain documents will be required in electronic form to complete the application. As lot owners, applicants can expect to include a recent copy of their strata plan, certificate of title for their lot and a copy of each notification of a change in by-laws.

The exact documents required to complete the application will be indicated in the application portal.

Applicants will also need to provide their personal and contact details, and details of whom the application is being made against. That might be another lot owner, the strata manager or even the strata company.

How do I determine the relevant section of the Act to apply under?

When making an application through eCourts, the application portal will walk you through what section of the Act is most applicable. However, if you are unsure at any time, it is best to seek legal advice.

What happens once I file the application?

After the application is made, the matter will be scheduled for an initial directions hearing approximately two to three weeks after the application date. The presiding Tribunal member will send out the requisite details to each party to attend the hearing.

The purpose of the initial directions hearing is for the Tribunal member presiding over the matter to make efficient and fair procedural directions as to how to proceed with resolving the dispute.

At the directions hearing, the Tribunal will work through preliminary matters. This may include such matters as considering whether the matter should be referred to mediation, or whether parties are required to attend a compulsory conference to help clarify the issues in the dispute.

What hearings or conferences will I have to attend?

The person bringing the matter before the SAT will have to attend the initial directions hearing for their dispute as mentioned above. The other party should also be present.

There may be further hearings scheduled based on the outcome of the initial directions hearing. In this case, the parties may have to attend a mediation conference, a compulsory conference or a final hearing.

Will I have to pay any fees?

The person bringing the matter before the SAT will be responsible for any filing fees and fees incidental to the subsequent proceedings. This includes a lodgement fee required to successfully lodge your online application.

For more information on the actual and potential costs involved in bringing a matter to the SAT, read our article WA: Resolving Strata Disputes Under the Strata Title Act Amendments

‘Like the courts, it is best to look at the SAT as a last resort, not the first tool you reach for.’

What do I need to consider?

Anyone wanting to approach the SAT to resolve a strata dispute should bear the following cautionary notes in mind.

Though the SAT prides itself on being more informal than a court, the process nevertheless has similarities to court proceedings. Conducting a case in the SAT will similarly require time, effort and mental resilience. Add to that the costs of lawyers if they are engaged.

Like the courts, it is best to look at the SAT as a last resort, not the first tool you reach for. You might win a case but alienate those you fought with. Think carefully about the reasons for wanting to approach the SAT. Make sure they are sound ones.

Getting legal advice at the outset should help clarify whether your specific situation would be suitable for resolution by the SAT.

Conclusion

Under the recent Strata Titles Act 1985 (WA) amendments, the SAT has become a ‘one- stop shop’ for the resolution of strata disputes.

The use of the eCourts portal aims to ensure that applying to the SAT for the resolution of a strata dispute is not a daunting process.

For more information regarding the application process, please visit the SAT website.

Anthony Quahe
Managing Principal
Civic Legal
E: aquahe@civiclegal.com.au
P: 08 9200 4900

This post appears in the October 2020 edition of The WA Strata Magazine.

Have a question about filing a SAT application in WA or something to add to the article? Leave a comment below.

A PDF Version of the article can be accessed here.

Disclaimer: This article contains references to and general summaries of the relevant law and does not constitute legal advice. The law may change and circumstances may differ from reader to reader. Therefore, you should seek legal advice for your specific circumstances. The law referred to in this publication is understood by Civic Legal as of publication date.

Read next:

• WA Strata disputes: Who pays for the State Administrative Tribunal process?
• WA: Strata disputes in the SAT: do time limits apply?

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