A recent webinar presented by Greg Maguire, Principal Policy Advisor at Landgate, and Jamie Horner from Empire Strata Management and Chair of REIWA Strata Committee, focused on the five-year statutory review of the WA Strata Titles Act 1985. The session aimed to provide an overview of the review’s progress, particularly the outcomes of the first phase of public consultation.
WA Strata Titles Act 2025 Review: Insights | Greg McGuire, Landgate and Jamie Horner, Empire Strata & REIWA – March 2025
The WA Strata Titles Act 1985 review is a statutory requirement following the comprehensive updates to the Act that took effect in 2020. Its aim is to build upon those legislative improvements to make strata clearer and fairer for WA strata owners, residents, and industry professionals. Landgate is administering the review on behalf of the Minister for Lands, and a final report will be prepared for Parliament from mid-2025.
The review process involves two phases of public consultation. The first phase, held in October 2024, focused on identifying issues with the current legislation and strata living. The second phase, planned for the first half of 2025, will share potential strata law reforms for public comment.
The three key themes in phase one of the review
The review’s scope is guided by three key themes:
- Improving cost controls in strata titles schemes: This includes exploring issues related to subdivision and termination costs, apartment affordability, transparency of levies, collection of overdue levies, the effectiveness of 10-year maintenance plans, and the impact of building defects.
- Enhance strata living: This theme encompasses areas such as scheme governance provisions and by-laws, proxy voting, alterations to lots and common property, dispute resolution, the objectives of the Strata Act, bullying and intimidation within schemes, and the maintenance of utilities.
- Strata manager practice and standards: This area focuses on the quality of service provided by strata managers, trust account management, industry regulation (including potential licensing or registration), conflict of interest disclosures, and strata manager educational and experience requirements.
The webinar highlighted the significant public engagement during the first consultation phase in October 2024, with over 12,000 visits to the consultation page. Over 87% of the online feedback was submitted by strata owners, indicating a strong interest from those directly affected by strata living.
Insights into the feedback received during phase one
Greg Maguire provided insights into the feedback received during phase one of the WA Strata Titles Act 1985 review. Key issues raised under each theme included:
- Improving costs: The effectiveness and funding of the 10-year maintenance plans were discussed. While viewed positively overall, issues were raised regarding the cost of preparation and a suggestion was made to extend the requirement to smaller schemes. The need for mandatory funding of these plans was also considered. The importance of consumer protections for lot owners experiencing financial hardship in paying their levies was also emphasised.
- Enhance strata living: Issues with proxy farming, the need for better education for strata council members, conflicts of interest and lack of transparency in council decision-making and difficulties in changing outdated by-laws (particularly regarding short-term rentals). There was also significant feedback regarding bullying and harassment within strata schemes.
- Better dispute resolution: Feedback from the phase one consultation strongly indicated a desire for improvements and alternatives to the current dispute resolution process, even while acknowledging the positive aspects of the State Administrative Tribunal (SAT). A significant trend in the feedback was a call for the establishment of a strata commissioner role. Overall, there was a desire for a more accessible and cost-effective mediation service.
- Strata manager practice and standards: Varied quality of service, concerns about commissions paid to strata managers, the lack of industry-wide standards, and strong support for the licensing or registration of strata managers to enhance professionalism and accountability.
Jamie Horner shared REIWA submission, emphasising the need to bring strata managers into the real estate licensing regime to improve professionalism, accountability, and consumer protection. REIWA also highlighted the importance of simplifying disclosure statements, increasing consumer education, improving dispute resolution, and addressing strata community safety.
Next steps in the WA Strata Titles Act 1985 review process
Looking ahead, Greg Maguire outlined the next steps in the review process. The feedback from phase one is currently being analysed and will inform the phase two discussion paper, which will present potential legislative and regulatory solutions. This second consultation phase will occur in the second quarter of 2025. The feedback from phase two will then contribute to the final report to be provided to the Minister and tabled in Parliament, expected in late 2025.
The webinar also touched upon discussions around improving scheme governance through better education for council members, clearer reporting requirements, regulation of proxies, and making it easier to remove council members with nefarious intent.
Both Greg Maguire and Jamie Horner encouraged attendees to stay informed through the Landgate website for updates on the review and the upcoming phase two consultation. It was emphasised that this review is the first step in a potentially longer process to enact changes to the Strata Titles Act.
Lot owners and other industry persons have a significant and ongoing role to play in phase two and beyond of the five-year review of WA’s strata law. Phase two of the consultation is specifically designed to gather feedback on potential legislative and regulatory solutions to the issues identified in phase one. Lot owners, residents, strata managers, developers, and other industry professionals are strongly encouraged to participate by reviewing the Phase Two Discussion Paper and submitting their feedback through an online form. This feedback will be crucial in shaping the final recommendations of the review.
The diverse perspectives of lot owners and industry stakeholders are essential for ensuring the proposed reforms are practical, fair, and address the real-world challenges faced by the strata community. The high level of engagement from strata owners in phase one (over 87% of online responses) indicates your strong interest in influencing the future of strata living, and this engagement will be vital in phase two as well.
Your role beyond phase two
The feedback received during phase two will form a part of the final report that is provided to the Minister for Lands and subsequently tabled in Parliament. This means that the input from lot owners and industry persons will directly influence the recommendations for changes to the Strata Titles Act 1985.
While the current review is scheduled to conclude with the final report, the dynamic nature of strata living and the ongoing growth of strata communities in WA suggest that lot owners and industry professionals will likely continue to play a role in monitoring the effectiveness of any implemented reforms and potentially advocating for further changes in the future if needed. The statutory requirement for a five-year review itself indicates a commitment to ongoing assessment and improvement of strata law.
In summary, active participation from lot owners and all segments of the strata industry is crucial in phase two to provide informed feedback on the proposed reform solutions. This feedback will be instrumental in shaping the final recommendations to Parliament. Beyond the formal consultation phases, their ongoing engagement and feedback will be important for ensuring the long-term effectiveness and relevance of WA’s strata laws.
Download the presentation slides
Download the Presentation: 5-year Review of Strata Titles Act 1985 by Greg McGuire, Landgate
Download the Presentation: WA Strata Titles Act by Jamie Horner, Empire Strata Management & REIWA
Presenters
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
Greg McGuire
Landgate
E: customerservice@landgate.wa.gov.au
P: (08) 9273 7373
This article was written by The LookUpStrata Team.
This post appears in Strata News #735.
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