WA: Q&A Access to Council of Owner / Strata Information

This WA Q&A is about the ability of the lot owner or persons with interest to gain access to council of owner information, meeting minutes, financials and contact details in WA.

Table of Contents:

• QUESTION: As owners, what is our position if the strata company releases funds without our consent and against our instruction?
• QUESTION: If the strata manager records our AGM, as an owner am I entitled to request and receive a copy of the recording?
• QUESTION: Can a council of owners mandate that all communication must be conducted exclusively through the Facebook app?
• QUESTION: Our Strata Manager’s portal allows access to personal information about lot owners for all lots they manage. Is this a breach of the privacy act?
• QUESTION: As an owner of a unit in a WA strata complex, what avenues do I have to communicate concerns to other lot owners.
• QUESTION: As a lot owner, what information and strata records am I allowed to access?
• QUESTION: We have had a change in who looks after the strata in our small scheme. How do I change the contact details of the strata title?
• QUESTION: Can all and any Strata Company records in the possession of the strata company be provided to a lot owner on request? Section 109 (6)(c) does not appear to place any restrictions on the documents to which a lot owner is privy.
• QUESTION: Under section 107 of the WA Act, can I charge a real estate agent fees to access documents such as council of owner information, AGM meeting minutes, financial statements, etc?
• QUESTION: I am a member of our Council of Owners. I am challenging another COO member as I believe that the business of the COO is not confidential and it is in fact the right of every owner to be privileged to the business of the Council of Owners.
• QUESTION: In WA, can the Council of Owners access all owners’ contact information?
• QUESTION: As a lot owner, should I have to pay $300 for access to our Strata Records?
• QUESTION: If we request a copy of past AGM minutes, is the strata manager required to respond?
• QUESTION: Our apartment building shares expenses with the attached hotel. We would like to look into the splitting of the accounts, but our strata manager will not allow us to involve a third party to check the financial records. Is this correct?
• QUESTION: What is a reasonable amount of time for the managing agent in WA to provide access to Council of Owner information such as minutes from the AGM?
• QUESTION: I am a lot owner. I’ve requested the strata manager provide me with the contact details of the Council of Owner members. They have refused. In WA, am I have entitled to access Council of Owner information?
• QUESTION: I’m no longer on the COO and no longer receive monthly Interim Financial reports. Should I be receiving this correspondence regardless of whether I am on the COO or as a lot owner?
• QUESTION: Is the Strata Manager required to put the Minutes from Council of Owners Meetings on the Portal as information for WA Owners to access?

Question: As owners, what is our position if the strata company releases funds without our consent and against our instruction?

At last year’s AGM, the owners voted not to release final funds to our builder as they had not addressed all maintenance issues from the Building Defect Report. At this year’s AGM, we asked the strata company to verify that they had not released funds as we still have ongoing maintenance from the Building Defect Report. The strata company refuse to answer. As owners, what is our position if the strata company has released the funds without our consent and against our instruction?

Answer: You can apply to the strata company to inspect strata company records.

If the works you are referring to are defects within the defect liability period, it would not be usual practice for the strata company to pay for these repairs. This would usually be organised and paid for by the builder.

For this reason, I will assume the strata company has employed a builder to carry out works to the common property.

Section 107 of the Strata Titles ACT 1985 (STA1985) provides for the provision of information by the strata company to a person with proper interest. Section 107(2)(a) provides that a member of the strata company is a person with proper interest.

Under section 107 (1)(b) of the STA1985 you can make an application to the strata company to inspect strata company records. Section 109 provides for this process, which states:

109. Inspection of material

1. A strata company commits an offence if, on application for inspection under section 107, it does not make material to which this section applies available for inspection by the applicant at a

   place and time —

   1. agreed between the strata company and the person; or
   2. if agreement is not reached within 3 days after the strata company is given the application, specified in a written notice given by the strata company to the person.

      Penalty for this subsection: a fine of $3 000.

2. The time specified in a notice under subsection (1)(b) must be between 9am and 5pm on a day not more than 10 days after the strata company is given the application.
3. The material may be made available in electronic or hard copy form.
4. A person inspecting material under this section —
   
   1. may take extracts from, or make a copy of, the material, including by photographing it, subject to any limitations specified in the regulations; and
   2. must not, without the consent of the strata company, remove physical material from the custody of the strata company; and
   3. must not alter, damage, conceal or destroy any material or entry.
5. The strata company may, but is not obliged to, provide a copy of any material at the request of the applicant, and, if it does so, it may charge a fee for the copy of an amount not exceeding an amount fixed by the regulations.
6. This section applies to the following —
   
   1. material kept under section 104;
   2. the roll kept under section 105;
   3. other documents in the possession or control of the strata company.

Section 104(c)(i) provides for the statement of accounts to be kept. This would be the record you wish to inspect.

Regardless of the above, the presentation of the statement of accounts prepared under section 101 of the STA1985, to be presented for acceptance at the Annual General Meeting is a statutory requirement and this would also provide an opportunity for your question to be answered. Your strata company may also wish to consider having your ADI trust account audited annually.

Luke Downie
Realmark
E: [email protected]
P: 08 9328 0999

This post appears in Strata News #678.

Question: If the strata manager records our AGM, as an owner am I entitled to request and receive a copy of the recording?

Our AGM is recorded by our strata manager. As an owner, am I entitled to request and receive a copy of the recording?

The minutes from last year’s AGM were not issued for over 6 months because our strata manager could not transcribe the recording. Eventually, a council member arranged this and provided the written minutes to the strata manager.

Answer: The recording would become part of the strata company records, for which an owner can apply to inspect or receive a copy.

The recording of meetings, in our opinion, requires the consent of all those attending the meeting and should only be done for the protection of an interest a party or parties may have to the proceedings that may take place at a meeting. It is also my opinion that, as soon as a meeting is recorded, the recording would become part of the strata company records for which an owner can apply to either inspect or receive a copy under section 107 of the Strata Titles Act 1985 as amended and may be kept for the statutory time period under section 104 of the Strata Titles Act as amended.

Again, this advice is not to be constituted legal advice, and appropriate legal advice may be sought, particularly what is a reasonable time period for issuing minutes of general meetings.

Marietta Metzger
magixstrata
E: [email protected]
P: 08 6559 7498

This post appears in Strata News #668.

Question: Can a council of owners mandate that all communication must be conducted exclusively through the Facebook app?

Can a council of owners impose a requirement to communicate exclusively via the Facebook app? Our COO is aware that a few lot owners do not wish to have an account with Facebook, do not wish to engage in the private group, or have concerns about data privacy and profiling.

The COO advised us they will only send emails if time permits. We recently woke up to find out we had no water for showering before work. The COO had posted an announcement on Facebook. What is the legislative interpretation of this situation?

Answer: Request the COO use multiple forms of communication.

A council of owners can decide to communicate in a manner they deem suitable and via multiple communication methods. However, they cannot impose the Facebook App on all strata items.

For example, a Notice of Annual General Meeting must be sent to the lot owners registered address or email. The secretary of the council of owners usually sends out communication, but generally, the strata manager is appointed to this action via the strata management agreement.

If you do not have a strata manager, you will need to speak to the secretary of the council of owners and request the COO use multiple forms of communication for items such as ‘no water’. While there is no legislation dictating how this form of communication needs to occur, ideally, it is best communicated via the lot owner’s preferred communication method. Owners have this listed on the strata roll. The COO can use other formats as an additional communication method.

Jamie Horner
Empire Estate Agents
E: [email protected]
P: (08) 9262 0400

This post appears in Strata News #652.

Question: Our Strata Manager’s portal allows access to personal information about lot owners for all lots they manage. Is this a breach of the privacy act?

Our strata complex is run by a real estate agency in Western Australia. I have real concerns about their professionalism and adherence to the privacy act.

They provide a customer portal to all lot owners in the many complexes they manage. Any lot owner, once logged in, can see business trust bank account ledgers showing all lot owner names, addresses, strata plan numbers, lot numbers, levy balances and balances of the trust account.

This real estate company manages many strata complexes and there are pages and pages of people’s details showing.

Is this an issue with the portal, or the way in which they have input the information? The portal used is a well-known system used by many offices.

Answer: Strata online portal access should be tailored to protect the privacy of each and every individual client.

All personal information is private, so strata online portal access should be tailored to protect the privacy of each and every individual client.

Ordinarily online portal access is specific and individual to each client so that they can only access information that is applicable to them personally.

Typically each individual owner would be given access to view the financial reports for their own strata scheme (for example, a Balance sheet, the approved Budget, the approved Levy Schedule, a periodical Income & Expenditure Statement for the scheme, and the common property Insurance policy information).

Individual owners may also be given access to their own Owner Ledger so that they can see financial transactions that are specific to their lot (i.e. levy amounts & payment amounts).

Individual clients should not be able to view the personal contact details of any other clients without observing the specific requirements set out in the Strata Titles Act 1985 – including but not limited to Sections 104, 105, 107, 108, 109 and 110.

In this scenario it would be prudent to raise your concerns about the portal content directly with your strata manager, and/or to seek legal advice about privacy protection in this circumstance.

Andrew Chambers
Chambers Franklyn Strata Management
E: [email protected]
P: 08 9200 4200

This post appears in Strata News #571.

Question: As an owner of a unit in a WA strata complex, what avenues do I have to communicate concerns to other lot owners.

As an owner of a unit in a strata complex, I would like to communicate some concerns to other owners.

The complex is only 50% owner-occupied.

1. Am I permitted to form a What’s App group for owners without the permission of the Council of Owners?
2. Am I permitted to place communication from me personally into the post boxes of resident owners?
3. How do I obtain contact information for owners who are not residents?
4. If I am unable to obtain the contact information of some owners, is the Strata Manager obliged to forward my communication to owners if the information pertains only to concerns about the Strata Company and the management of the building.

I want to do this because we have a Council of Owners who band together and push through items that could be construed as not in the best interests of the Strata. Owners who cannot be present at the AGM where discussion takes place, have no idea of the background to items presented at the AGM and are expected to vote on these issues. I believe these owners should be able to make an informed decision.

Answer: The Strata Manager is not obliged to circulate communications from an owner to other owners and would seek the approval of the Council Members to do so.

In relation to Item 1, I am not aware of anything that would prevent anyone from setting up a What’s App group, bearing in mind that you cannot force other owners to become members or to engage in the communications. Likewise, I don’t believe there is anything stopping you from putting notes into letterboxes, however some owners may find this to be intrusive, this is private space and their home.

In relation to obtaining information for owners who are not residents, this information could be obtained via an application Under Sections 107 – 109 which allows for the inspection of the Strata Company records.

The Strata Company has an obligation under Section 105 of the Strata Titles Act to keep a roll containing the particulars of the lot proprietors. The information in that roll includes the name and address for service for each lot.

The Strata Manager is not obliged to circulate communications from an owner to other owners and would seek the approval of the Council Members to do so. Any communications to the Strata Company are normally directed via the Strata Manager and are passed to the Council Members for consideration and instruction. A Strata Manager works with the Council of Owners and under their direction.

The legislation does provide an owner the ability to request agenda items be included into the notice for the Annual General Meeting. Section 129 (4) provides that,

The owner of a lot may give written notice to a member of the council of the strata company of an item of business that the owner requires to be included on the agenda for a general meeting of the strata company and that item must be included on the agenda for the meeting and notice must be given of that item as an item of special business under subsection (2)(c).

Also, you may wish to consider nominating to the Council yourself so you can be actively involved with the ongoing matters concerning the Strata Company. This election to Council is held within the AGM process each year and is open to all owners to nominate. This will give you the opportunity to share the information/background you have in relation to the issues being addressed by the Strata Company. Positive engagement can be a great asset to any organisation.

Shelley Fitzgerald
Emerson Raine
E: [email protected]
P: 9330 3959

This post appears in Strata News #517.

Question: As a lot owner, what information and strata records am I allowed to access?

I am a Lot Owner, but I am not a part of the strata company. What information and strata records am I allowed to access?

I recently asked my Strata Manager if I could access some information and they responded to me stating “as you are an owner who is not on the Council you are only entitled to formal notices of meetings and information pertaining to matters requiring a vote of the Strata Company. We are not bound to provide anything beyond this.”

Is my Strata Manager correct?

Answer: You are permitted to have access to more than meeting documents and records of votes of the strata company as an owner who is not a formal member of the Council of Owners.

Regarding accessing strata records, as an owner this is governed by sections 107 & 109 of the Strata Titles Act 1985 by way of an application to inspect the records. You can access a copy of the Strata Titles Act 1985 online through Landgate or visit the Western Australian Legislation page and read these sections in more detail.

Once you have applied for access to the records, these sections must be complied with. What defines strata records is governed and explained by legislation under the Strata Titles Regulations 2019 and Sections 101 and 104 of the Strata Titles Act 1985. This table is an extract from Section 83 in the Strata Title Regulations 2019 showing the full list of required documents that a strata company must keep as its ‘records’. 

83. Period in which records must be retained

A document that a strata company is required to make or keep under a section specified in the Table under the heading “Type of document” must be kept for the period specified in the Table under the heading “Retention period” next to the document concerned.

As an owner, you are permitted to have access to anything listed in the table. The table does refer you back to certain sections within the Strata Titles Act 1985 again, such as Sections 104 and 101 in regards to clarifying what the definitions of the listed documents mean.   

Whilst it may seem a bit daunting to download both the Regulations and the Strata Titles Act documents defining the legislation, it’s a relatively easy exercise once you know where to look. The legislation is easy to understand in most cases quite short and brief in each section. If you have any difficulty or still find you have a lack of understanding, then it’s best to engage a Records Inspector or a Strata Consultant to assist you in the process. 

In summary, you are permitted to have access to more than meeting documents and records of votes of the strata company as an owner who is not a formal member of the Council of Owners. The legislation does allow for this.  

Kylie Nelson
Eyeon Property Inspections
E: [email protected]
P: 0401448308

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

Question: We have had a change in who looks after the strata in our small scheme. How do I change the contact details of the strata title?

I’m an owner in a three lot strata. The previous strata member who looked after strata affairs is no longer disposed.

I would like to change the contact address of the strata title (bills, insurance etc)

Do I simply provide:

1. Amendment of Scheme Notice
2. Certificate of Strata Company – Change of name and or address

Currently, the bills (ie water, insurance) are made out to “Secretary of strata” does this also need to be amended/registered as me.?

On the 2 forms above there is a provision for two council members to sign, is that all, or must I get all three council members to sign?

Answer: Two forms are required.

These two forms are required.

1. Amendment of Scheme Notice
2. Certificate of Strata Company – Change of name and or address

There will also be a lodgement fee at Landgate of $181.30

There is no need to have a personal name as “Secretary of Strata” would suffice.

Only two Council Members are required to sign. Do you have a Common Seal? If not, there is provision to sign the documents without a common seal.

Shane White
Strata Title Consult
E: [email protected]

This post appears in Strata News #509.

Question: Can all and any Strata Company records in the possession of the strata company be provided to a lot owner on request? Section 109 (6)(c) does not appear to place any restrictions on the documents to which a lot owner is privy.

Answer: The legislation does provide restrictions on who can access the records

The Strata Company records belong to the Strata Company, however, in most cases, the Strata Company appoints a managing agent to hold and retain those records on their behalf. The legislation does not provide any restrictions on the documents to be provided under Section 109 (6) if the Strata Company has possession of them.

The legislation does provide restrictions on:

• who can access the records,
• the times the records can be accessed,
• fees for accessing records and
• the type of notice required for the accessing of records.

Also, anyone wanting to access the records must be a person as identified in Section 107 of the Act ie: A person with a proper interest in information about a strata titles scheme, or a person authorised in writing by such a person.

Bear in mind that Strata Managers are a business and therefore will look to recoup all costs for any time spent in collating records for owners. When requesting records, be as concise as you can be.

Shelley Fitzgerald
Emerson Raine
E: [email protected]
P: 9330 3959

This post appears in Strata News #497.

Question: Under section 107 of the WA Act, can I charge a real estate agent fees to access documents such as council of owner information, AGM meeting minutes, financial statements, etc?

When a real estate agent, not a settlement agent, requests information for a potential buyer even before an offer is submitted, can I bill the real estate agent for fees under section 107 as if they are receiving certificates like in section 110(1) or 110(2)?

They are looking to access information such as the last AGM meeting minutes, or more than one previous AGM minutes, financial statements, reasonable estimates of the number of contributions likely to be payable for the 12 months after settlement, any exclusive bylaws etc. I feel these fees would be justified as a fair amount of time is required to retrieve and supply this information.

Answer: The Strata Company records are available to any lot proprietor upon request

I am making the assumption that you are the Volunteer Strata Manager for a Strata Scheme making this enquiry.

The request for the information that your email refers to is further answered by the details in the Strata Titles General Regulations 2019 (STGR) the other piece of legislation that governs strata ownership.

See STGR Reg 86.

86. Fees for applications under s. 107

1. For the purposes of section 107(4), the following amounts are fixed as the maximum fee for an application under section 107 —
   
   1. in the case of an application for information under section 108 — $10;
   2. in the case of an application for inspection of material under section 109 —
      
      1. if the application is by a person who has a proper interest in information about a strata titles scheme — $1; or
      2. if the application is by a person authorised in writing by the person referred to in subparagraph (i) — $100;
   3. in the case of an application for a certificate under section 110 specifying the matters referred to in section 110(1) — $140;
   4. in the case of an application for a certificate under section 110 specifying the matters referred to in section 110(2) — $140.
2. An application under section 107 is not duly made to a strata company until the fee (if any) charged by the strata company for the application has been paid.
3. A maximum fee under this regulation is increased by 10% if the strata company is required to remit GST for the provision of the service for which the fee is payable.

Be careful with the interpretation of “a person who has a proper interest” in Reg.86(1)(b)(i), this is an owner within the strata scheme.

As opposed to “a person authorised in writing” by an owner within the strata scheme.

So, Settlement Agents and Real Estate Agents or any other person who has been authorised in writing by an owner may request the information specified in EITHER of the two certificates that may be requested. Noting that there is a fee payable for each Certificate even if they don’t request all the details that each Certificate has to offer.

Shane White
Strata Title Consult
E: [email protected]

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

Question: I am a member of our Council of Owners. I am challenging another COO member as I believe that the business of the COO is not confidential and it is in fact the right of every owner to be privileged to the business of the Council of Owners.

Answer: The Strata Company records are available to any lot proprietor upon request

In answering any queries of this nature we would always refer to the Bylaws of the Strata Company to find out what specific arrangements are documented in relation to the communications to owners. In this instance we do not have access to that information and therefore will provide a general type of response.

The Strata Company records are available to any lot proprietor upon request, however, the Strata Titles Act and Regulations provide parameters around how an owner can access those records, the costs to access the records, and the obligations for providing access to the Strata Company records.

The records of a Strata Company are confidential records to those members of the Strata Company ie: All owners within the Strata Company.

An owner can request copies of the Council Minutes of the Strata Company at any time. There are legislative requirements for the Council minutes to document any decisions agreed to at Council meetings, noting the action to be taken, and resolutions recorded accordingly.

The Strata Company is a communal style of living and some issues dealt with and recorded by the Council may cause distress for some individual owners.

Council Meetings can deal with issues that are sensitive in nature and therefore many Strata Councils do not publish their minutes out to all of the owners, however, they make them available if requested. These minutes can include issues around levy arrears, owners personal financial status, behavioural issues, and other matters.

The matters of the Strata Company should be dealt with responsibly, in compliance with the legislation and always in a fair and equitable manner.

There is no requirement for the Strata Company to publish their Council minutes however they would need to be made available (in accordance with the requirements of the STA & Regulations) if requested.

It may be agreed that the Secretary of the Strata Company communicate with the owners and ask them if they wish to have the minutes distributed to them, allowing the individual owners to make that decision for themselves. Each owner also has the ability to nominate to the council at each AGM if they wish to be involved in Strata Company matters. Bylaws can be amended to allow more members to participate in the council process too.

Shelley Fitzgerald
Emerson Raine
E: [email protected]
P: 9330 3959

This post appears in Strata News #487.

Question: In WA, can the Council of Owners access all owners’ contact information?

Answer: Technically speaking, any person with a ‘proper interest’ as defined under the Strata Titles Act can access some contact information on the Strata Roll.

Thanks for your question. Technically speaking any person with a ‘proper interest’ as defined under the Strata Titles Act can access some contact information, on the Strata Roll. There is a process involved and this may incur a fee for inspecting these records under the legislation (see section 109). This generally relates to your address for service which historically is your postal address, but may also include your email address. As a member of the Strata Council, they too can access this data by the same means. Generally, they will access this information to distribute Strata Company information such as newsletters, or other relevant correspondence. As always – it is important to remain civil and professional in all correspondence.

Taryn Linfoot
Degrees Strata
E: [email protected]
P: 08 6244 4824

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

Question: As a lot owner, should I have to pay $300 for access to our Strata Records? Isn’t this our information?

I own a flat in Highgate. I have asked for written quotations for serious amounts of money being spent but the strata have asked me for $300 to access their accounts under s107 of the WA strata act.

It seems to me that is not correct. Surely someone who you employ to take care of your property should have that information on hand. Should I have to pay to access these records?

Answer: lot owners do have a right to access information and yes, there are fees that will need to be paid.

I can understand your frustration at getting strata information but I would just like to make a comment on what the role of the Strata Manager entails. Their position is to look after the interest of the strata company, their role and functions revolve around that and they take their instructions from the council of owners not any individual strata owner.

Under the new reforms and also in the previous act, lot owners do have a right to access information and yes, there are fees that will need to be paid. They are detailed in the Strata Titles (General) Regulations 2019.

Section 107 of the act allows you, as an owner, to apply in writing to access information and in this instance you are referring to Section 109 (Inspection of material).

As an owner you have options here. You can make an appointment to inspect the records, you can take notes, photos, or ask for photocopies, and costs would be involved here. You can ask for a copy of the information on a portable storage device, again costs are involved. Alternatively, you can ask for an electronic copy, again costs are involved.

Regulation 86(1)(b), (Fees for applications under s.107) and Regulation 88 (Maximum charge for copies of material) will determine what fees you would need to pay.

The $300 does seem excessive but I can’t comment on that actual amount without knowing what it entails and how it has been applied.

As an owner you need to have a copy of the act and regulations which are both downloadable from the Government Legislation website. [Note from Admin: for the link, try our Strata legislation page under the WA tab.]

Another way owners can access information is via your AGM, and as an owner you can get involved in your council of owners and help establish the management protocols for your strata.

Brian Rulyancich
StrataTAC
E: [email protected]
P: 0428 970 067

This post appears in Strata News #452.

Question: If we request a copy of past AGM minutes, is the strata manager required to respond?

If we request a copy of past AGM minutes, is the strata manager required to respond?

I’ve asked for a copy of the 2009 AGM minutes over 4 months ago, and have never received a response. Am I entitled to access these minutes and what other avenue can I take to be granted access?

Answer: The provision of records of the strata company is only available to the Owners of a Lot within the strata scheme or a person who is authorised by an owner to make such enquiries.

The provision of records of the strata company is only available to the Owners of a Lot within the strata scheme or a person who is authorised by an owner to make such enquiries.

You must look closely at the new provisions in the Act at section 109.

109. Inspection of material

1. A strata company commits an offence if, on the application for inspection under section 107, it does not make material to which this section applies available for inspection by the applicant at a place and time —
   1. agreed between the strata company and the person; or
   2. if agreement is not reached within 3 days after the strata company is given the application, specified in a written notice given by the strata company to the person.

Penalty for this subsection: a fine of $3 000.

2. The time specified in a notice under subsection (1)(b) must be between 9am and 5pm on a day not more than 10 days after the strata company is given the application.
3. The material may be made available in electronic or hard copy form.
4. A person inspecting material under this section —
   
   1. may take extracts from, or make a copy of, the material, including by photographing it, subject to any limitations specified in the regulations; and
   2. must not, without the consent of the strata company, remove physical material from the custody of the strata company; and
   3. must not alter, damage, conceal or destroy any material or entry.
5. The strata company may, but is not obliged to, provide a copy of any material at the request of the applicant, and, if it does so, it may charge a fee for the copy of an amount not exceeding an amount fixed by the regulations.
6. This section applies to the following —
   
   1. material kept under section 104;
   2. the roll kept under section 105;
   3. other documents in the possession or control of the strata company.

Interesting to note the provision for a fine to be applied if the strata company fails in its obligation to provide access to inspect the records.

The Strata Regulations 2019 at Reg 86 allow for a fee of $1 to be charged if the application to inspect records is submitted by an owner.

86. Fees for applications under s. 107

1. For the purposes of section 107(4), the following amounts are fixed as the maximum fee for an application under section 107 —
   
   1. in the case of an application for information under section 108 — $10;
   2. in the case of an application for inspection of material under section 109 —
   1. if the application is by a person who has a proper interest in information about a strata titles scheme — $1; or
   2. if the application is by a person authorised in writing by the person referred to in subparagraph (i) — $100;

The strata company has a statutory obligation to keep records of its meetings as stated in section 104.

104. Records and correspondence

1. A strata company must —
   
   1. keep a copy of each of the following —
      
      1. the current scheme documents;
      2. any proposed amendments of the scheme documents of which it is aware and that remain current;

and

2. make and keep for a period fixed by the regulations —
   
   1. minutes of its general meetings and meetings of its council; and
   2. records of its resolutions and decisions of its council; and
   3. such other records as are required by the regulations;

Any failure to provide access to the minutes would have to be resolved by the Tribunal noting that a fine of $3000 could be applied.

Shane White
Strata Title Consult
E: [email protected]

This post appears in Strata News #438.

Question: Our apartment building shares expenses with the attached hotel. We would like to look into the splitting of the accounts, but our strata manager will not allow us to involve a third party to check the financial records. Is this correct?

I would like to know our position in being able to look up our financial records, particularly charges.

As private apartment owners connected to a hotel, we share common meter charges with the hotel (which is classified as commercial). These charges are dissected up by our COO treasurer, who considers the charges fairly.

We would like to establish the break up of the accounts. For instance, what percentage are we paying and what percentage is the hotel paying? I would assume that naturally water and heating would be used in excess for everyday hotel guests?

We are concerned we are contributing an unfair amount compared to the hotel’s contributions. Our Strata Management tells us we can come in and look at the accounts in their office, however, she will not provide us with this information. She has also said we cannot involve a third party. We would like to engage a third party who knows exactly what to look for.

Answer: Under the new legislation the request is via an application to inspect the records using sections 107 and 16.

Without seeing the strata plan, by-laws and hotel lease agreement with the strata company it’s difficult to provide sound advice, but generally, the below would be the process. I’m unsure why the strata company would not just provide the information the owner has requested. This seems a little strange to me. The owner is completely within their rights to request this information from the strata manager or the COO members / Treasurer and they should provide this to owners upon request. It would be prudent to request from the strata manager. Is this her response or the response of the Council of Owners, firstly?

In my opinion, before even adopting a method the COO should have really proposed the method to a general meeting for approval as a motion to be voted on given the charges are common property related. I wonder if there has ever been a motion in the minutes prior which explains this for the owner.

If the strata manager is acting on her/his own authority and not the instruction of the COO, then ask her to put a formal request to the COO on your behalf and state you wish to have it on the agenda of their next COO meeting. She must oblige. Then you will have the decision in writing and reason hopefully from their minutes. You can then request a copy of these minutes. If it’s the COO being difficult then refer to below options and comments.

1. Firstly, the COO are obligated to provide the information behind how they calculate the charges to the hotel if they have a method of on charging the common supply costs. This should have to only be available to an owner by inspection of records. They are obliged to provide such information upon request. If they do not then my advice would be to seek legal advice and perhaps issue a formal request through a legal representative.
2. Or alternatively, make an application to SAT to seek an order for the strata company to provide the calculation method to owners and be transparent. Orders have to be requested through certain sections of the Strata Titles Act. SAT is set up to be a relatively easy process for owners to access by themselves. If the owner is having trouble with the paperwork and SAT is unable to help the owner make the application, a strata consultant or legal representative can assist with this application. SCAWA has a list of legal professionals and consultants to approach. Once in SAT a mediation would occur first and in this mediation session the member hosting the mediation would likely suggest to the strata company they simply provide the information to the owner to avoid the matter escalating.
3. In regards to inspection of records, under the new legislation, the request is via an application to inspect the records using section 107. The relevant clauses are copied below. I can’t see why they won’t allow you to have another person take a look as long as both section highlight the ability for an owner to engage someone to do this and as long as they have authority in writing. This can be proven by providing a service agreement or contract you have entered into.
4. Again, if the strata manager does not allow you to inspect the records once you quote the sections above then again you can make a SAT application to deal with this matter, as it also comes with hefty fines imposed if the application is not dealt with in the proper way legislatively.

Strata Titles Act 1985 – Section 107

107. Application by person with proper interest in information

1. A person with a proper interest in information about a strata titles scheme, or a person authorised in writing by such a person, may apply in writing to the strata company for the scheme for —
   
   1. information under section 108; or
   2. inspection of material under section 109; or
   3. a certificate under section 110.

Kylie Nelson
Eyeon Property Inspections
E: [email protected]
P: 0401448308

This post appears in Strata News #429.

Question: What is a reasonable amount of time for the managing agent in WA to provide access to Council of Owner information such as minutes from the AGM?

I am chairman of the council of owners. I would like to know if there are guidelines for the amount of time for the managing agent in WA to provide access to Council of Owner information such as minutes from the AGM. At present, they are only made available for approval a year later.

Answer: There is no provision under the act that minutes need to be distributed, only that minutes need to be taken and keep for 7 years.

There is no provision under the act that minutes need to be distributed, only that minutes need to be taken and keep for 7 years.

It is not a matter for the strata manager to determine when minutes should be distributed to all owners. This should be at the direction of the council of owners. Strata managers only work on instructions from the CoO and should be a discussion between the two parties or part of the duties and functions of the strata manager within their contract.

As a former strata manager, I had in my contracts that the minutes would be distributed within 15 business days of the meeting. That was my choice and it worked well.

With the reforms very much about openness, fairness, accountability and good governance, I suggest that you as Chairman of the CoO have a discussion with your committee and strata manager and determine what best suits your strata company. Good management is also about keeping owners fully informed.

Brian Rulyancich
StrataTAC
E: [email protected]
P: 0428 970 067

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

Question: I am a lot owner. I’ve requested the strata manager provide me with the contact details of the Council of Owner members. They have refused. In WA, am I have entitled to access Council of Owner information?

As a lot owner, I want the strata manager to provide me with the contact details of the council of owner members, however, the strata manager refuses to do so.

Can the strata manager legally refuse my request? In WA, am I have entitled to access Council of Owner information?

Answer: Lot owners have the right to be able to contact their council representatives.

In my opinion, the strata manager cannot withhold that information. The reasoning is that under the reforms the strata company is required to keep a Roll, section 105.

Strata Titles Amendment Act 2018

The roll has always being a requirement however under the reforms the required information has been expanded. Section 105 (4) (b) clearly states that:

“The particulars to be entered in the roll are” –

The name and address for service of each member of the council of owners, or officer, of the strata company

Section 107 – Application by person with proper interest in information, sub-section (a) relates to information under section 108.

Section 108 – Contact information, sub-section (a) states that a strata company commits an offence if it does not, within 14 days after being given an application under section 107, provide the applicant with the following as stated in the application – the name and address for service of a member of the council of the strata company.

The duties of at strata company in part is to control and manage the common property for the benefit of all owners.

The role and duties of the council of owners are to manage the functions and duties on behalf of the strata company. Also, the strata manager is normally engaged by the council of owners on behalf of the strata company and as such performs designated functions of the strata company.

Consequently I believe all owners need to know who their council representatives are and have adequate access. The reforms are also clear in relation to all meeting notices Section 129 sub-section (4) and I quote –

The owner of a lot may give written notice to a member of the council of an item of business that the owner requires to be included on the agenda for a general meeting.

It is clear owners have the right to be able to contact their council representatives.

Brian Rulyancich
StrataTAC
E: [email protected]
P: 0428 970 067

This post appears in Strata News #378.

Question: I’m no longer on the COO and no longer receive monthly Interim Financial reports. Should I be receiving this correspondence regardless of whether I am on the COO or as a lot owner?

As a member of the COO I received monthly Interim Financial reports. I am no longer on the COO and the Strata Manager has ceased sending me these monthly statements. I feel they provided me with more of an accurate detailed list of expenditure rather than one statement at the AGM.

As a unit owner, I feel I should know where the money goes and this monthly financial reporting was very beneficial. Should I be receiving this correspondence regardless of whether I am on the COO or as a lot owner?

Answer: The strata company only needs to provide annual financial statements, and these would be tabled at your AGM.

Yes, as a member of the COO you would be receiving monthly financial statements as it is the role and responsibility of the COO to manager the strata company and to do that effectively that information would be needed. That right does not apply to all strata owners within a strata complex.

Section 101 of the amended strata titles act 1985 clearly states that the strata company only needs to provide annual financial statements, and these would be tabled at your AGM. Any interim statements would be a matter for the strata company to resolve. However, as an owner, you are also entitled to check the strata company records and obviously the financial position of the strata company would form part of those records.

Brian Rulyancich
StrataTAC
E: [email protected]
P: 0428 970 067

This post appears in Strata News #366.

Question: Is the Strata Manager required to put the Minutes from Council of Owners Meetings on the Portal as information for WA Owners to access?

Answer: There is no explicit mention that a Strata Manager is required to upload council minutes to a portal for owners to access.

Under the Strata Titles Act of WA there is no explicit mention that a Strata Manager is required to upload information such as the council of owner minutes to a portal for owners to access.

The requirement and bare minimum is that upon application made in writing to a strata company by a proprietor or mortgagee of a lot, the strata company should make available for inspection the minutes of general meetings of the strata company and meetings of the council; at such time and place as may be agreed upon by the applicant or his agent and the strata company and, failing agreement, at the parcel at a time and on a date fixed by the strata company under subsection.

That being said, some strata councils may instruct a strata manager to upload those minutes to the portal and have them readily available. This may be seen as best practice for transparency purposes, however, some strata councils may feel differently.

Jordan Dinga
Abode Strata
E: [email protected]
P: 08 9368 2221

This post appears in Strata News #352.

Have a question about access to council of owner information in WA or something to add to the article? Leave a comment below.

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