WA: Q&A Strata owner frustrated by lack of council communication

This WA Q&A is about lack of communication after just purchasing strata.

Table of Contents:

• QUESTION: Is the strata manager responsible for compelling unresponsive owners to participate in decision-making and authorise necessary common property repairs?
• QUESTION: We have concerns about structural defects in our lot. Can a lot owner email the council of owners?

Question: Is the strata manager responsible for compelling unresponsive owners to participate in decision-making and authorise necessary common property repairs?

I am an owner in a six unit complex trying to get common property repairs completed. All owners are part of the council, as no one wanted to take on the positions officially. Most owners do not respond to repair quotes, and there is no group discussion. Owners prefer to respond to the strata manager. Therefore, a majority decision is not reached. 

We have money for repairs. The strata manager says they cannot act, which I understand. What should I expect from the strata manager in regards to following up with owners who don’t respond and reminding owners they are in breach of the strata act by not allowing repairs to the common property to be completed promptly etc.? What is the next step to make owners responsible if the strata manager does not take any action?

Answer: Appoint a chairperson or primary contact.

In your situation, it would be beneficial for the council of owners (COO) to establish a direct line of communication among themselves, independent of the strata manager. A dedicated communication channel such as a group email, messaging app, or online forum would streamline discussions, leading to quicker, more coordinated decisions on common property matters.

Here’s a structured approach that may help:

1. Appoint a Chairperson or Primary Contact: The COO could appoint a chairperson or designated contact to coordinate responses and update the strata manager as needed. This ensures more efficient communication, reducing the need for the strata manager to engage with each owner individually.
2. Set Response Deadlines: The COO might set a response deadline for each maintenance or repair decision. If certain owners do not reply by that date, decisions could proceed based on the inputs of those who have responded, ensuring that critical repairs are not delayed due to lack of engagement.
3. Limit the Strata Manager’s Role to Council Communication: It’s generally impractical for the strata manager to communicate with each owner separately on every decision. Instead, the strata manager should engage with the COO as a group, helping them coordinate and reach consensus. While the manager should follow up with the whole COO as needed and advise on requirements under the Act, owners could communicate among themselves to expedite decisions.
4. Hold the Strata Manager Accountable as a Group: If there are concerns about the strata manager’s performance, such as lack of follow-through, these should be discussed within the COO. A unified COO can then clarify their expectations to the strata manager or, if needed, consider other management options. This approach would be more effective than having owners address performance concerns individually.
5. Consider Resignations for Non-Contributing Members: If some council members are unresponsive or do not participate in the COO’s responsibilities, it may be worthwhile to suggest they consider stepping down. This would allow engaged owners to take on those roles, creating a more functional and proactive council. Members who step down are welcome to rejoin if a vacancy arises, respecting that personal priorities may sometimes take precedence over strata matters.

By establishing these internal processes and strengthening council structure, you can manage decisions more effectively, hold the strata manager accountable, and ensure timely action on property matters.

Jordan Dinga
Abode Strata
E: abode@abodestrata.com.au
P: 08 9368 2221

This post appears in the December 2024 edition of The WA Strata Magazine.

Question: We have concerns about structural defects in our lot. Can a lot owner email the council of owners?

Can a lot owner email the council of owners?

We were told by our strata manager that the COO denied our request for a Structural Engineer’s inspection despite two professional trades endorsing the request. Without looking in our apartment, the COO said the damage was cosmetic. We decided to pay $660 for a structural engineering report. The report states that the apartment is not structurally sound! We emailed the report to the COO. The strata manager said this was not allowed and we should refrain from arranging our own report.

Answer: Yes. A lot owner may email the council of the strata company.

The simple answer to this question is yes. A lot owner may email the council of the strata company.

Section 104 (3)(b) of the Strata Titles Act 1985 (STA) stipulates that a strata company must ensure that a mechanism for electronically corresponding with the strata company is reasonably available to members of the strata company.

Saying that, the council of the strata company (CoSC) are not obliged to provide you with a direct response if a strata manager has authorisation to perform a specified scheme function pursuant to Section 143 of the STA.

Strata Managers are only able to act under instruction from the strata company (generally represented by the CoSC), this includes communicating with scheme owners.

Regarding your concerns about the structural integrity of your building, it is challenging to provide guidance without understanding the boundaries set out in your strata plan. In saying that, the general duty of the strata company, pursuant to Section 91 of the STA, states a strata company must properly maintain and, if necessary, renew and replace the common property and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause.

ESM Strata
E: info@esmstrata.com.au
P: 08 9362 1166

Have a question about lack of communication after just purchasing strata or something to add to the article? Leave a comment below.

Note: this general information about strata council member problems is an opinion only and suitable specialists in these areas should be sort for clarification and assistance on all points.

Read next:

• WA: Q&A Strata Council Member Problems – Nobody wants to help
• WA: Reforms to WA Strata Legislation – As a Lot Owner, Should I Care?

Still after more information about lack of communication or even more general articles about strata in WA? Visit Strata Committee Concerns, Renting / Selling / Buying Strata Property OR Strata Information WA

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