In this latest column in the West Australian Newspaper, STIWA President Mark Atkinson provides some timely advice on AGMs more

 

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FAQs

» What does a Strata Company Manager do?
» Who needs the services of a Strata Company Manager?
» Is the Strata Title Industry regulated in Western Australia?
» Does Strata Title legislation vary from State to State?
» What is the Strata Titles Act?
» What kinds of properties are subject to the Strata Titles Act?
» What is The Stamford Report?
» What can I do if I am unhappy with the service provided by my Strata Company Manager?
» How can I find a Strata Company Manager?
» What is a Strata Company?
» What are a Strata Company's obligations?
» Do I have to contribute money to the Strata Company?
» Are Strata Company funds audited?
» What is the Strata Council?
» Where can I go for independent advice?

What does a Strata Company Manager do?

The role of the Strata Company Manager is to support the Council of Owners with the administration of the Strata Company.

Who needs the services of a Strata Company Manager?

Generally any Strata Scheme with greater than 6 lots may require the services of a professional Strata Manager.

Is the Strata Title Industry regulated in Western Australia?

At present the Strata Title Industry is not regulated in Western Australia.

Does Strata Title legislation vary from State to State?

Yes. Whilst some states have very similar legislation there are differences.

What is the Strata Titles Act?

The Strata Titles Act 1985 is an Act to facilitate the horizontal and vertical subdivision of land and the disposition of titles thereto, to provide for incidental and connected purposes and to repeal the Strata Titles Act 1966.

What kinds of properties are subject to the Strata Titles Act?

Any property that forms part of a whole, sharing common areas with other properties, may be subject to the Strata Titles Act. Examples of these kinds of properties include a duplex, an apartment, a factory unit in a large group of units, an office in a large office building, a unit in a Retirement Village, or a shop at a local shopping centre.

What is The Stamford Report?

The Stamford Report is a report that was commissioned by the Department of Consumer and Employment Protection into the proposed licensing/regulation of Strata Title Managers.

A link to the report can be found in the links section.

What can I do if I am unhappy with the service provided by my Strata Company Manager?

In the first instance you should be raising your concerns with your Strata Manager, if this does not provide satisfactory results then the Council of Owners would need to consider their options.

How can I find a Strata Company Manager?

The best way to locate a Strata Company Manager is to look in the members section of the STIWA website.

What is a Strata Company?

A strata company is created upon the registration of a strata plan at LandGate (the State Government land department). A strata company is made up of all the owners of the lots comprising the strata plan (also called the strata scheme). Each owner is a shareholder in the company. (refer to The Strata Titles Act 1985, Section 32).

What are the Strata Company’s obligations?

The strata company’s obligations are to manage the common property, if any exists, for the benefit of all owners and to hold such meetings as are required by the Strata Titles Act 1985. The strata company is also required to enforce the by-laws. The strata council carries out the duties and obligations of the strata company. (refer to The Strata Titles Act 1985, Section 35).

Do I have to contribute money to the Strata Company?

Yes. A strata company is obliged to establish a fund for administrative expenses that, in the opinion of the company, is sufficient for the control and management of the common property and for the payment of insurance premiums and the discharge of any other obligations of the strata company, You are obliged to contribute to that fund by payment of a regular levy, usually quarterly.

You may also be obliged to contribute further money or pay another (special) levy is the strata company decides to establish a reserve fund for the purpose of accumulating funds ti meet contingent expenses, other than those of a routine nature, and other major expenses if the strata company likely to arise in the future (eg. Infrequent repairs such as roof replacement or renewing bitumen in parking lots or driveways).

Are Strata Company funds audited?

There is no requirement that strata funds be audited, although STIWA recommends to all of its members that they have company funds audited as a matter of best practice.

What is the Strata Council?

The strata council is regarded as the board of directors of the strata company. Councillors are elected at general meetings. Strata companies have a range of duties and discretionary powers that are there to protect and promote the interests of all owners. An active council is the best way of ensuring that those duties are performed and those powers handled correctly. Any owner can be a councillor. The size of a council can be from 3 to 7 people. Meetings are held as and when required and as long as a quorum is achieved those present can exercise all council functions. (refer to The Strata Titles Act 1985, Sections 44 to 48).

Where can I go for independent advice?

Contact the Strata Titles Institute of Western Australia, or go to the Department of Employee and Consumer Protection

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