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

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

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

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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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