Strata Titles

At present, SAT can deal with many, but not all, types of disputes which may arise in a strata scheme or a survey-strata scheme.

That will change when strata titles reforms come into effect later this year, which will make SAT essentially the 'one-stop shop' for strata disputes, with a limited number of exceptions. One exception will be the recovery of unpaid levies by strata companies, which will remain with the courts.

What are the changes in the Strata Titles reform?

The WA State Government has given Landgate responsibility for delivering strata reforms to Western Australia.

More information is available on the Landgate Strata reform webpage.

How will SAT deal with the changes in the Strata Titles reforms?

The Strata Titles Act 1985 (the Act) will continue after the reforms come into effect, but many of the existing provisions in the Act will be removed and many new provisions will be added, resulting in the amended Act.

If an application has been filed with SAT before the date on which the reforms come into effect then the application will be dealt with under the existing provisions of the Act.

If an application is filed with SAT after the date on which the reforms come into effect then the application will be dealt with under the amended provisions of the Act.

How can I obtain advice on strata titles matters?

SAT is not able to provide advice on strata titles matters.

General information on strata titles is available in the Strata Titles Guide, produced by Landgate, which includes an explanation of the difference between a strata plan and a survey-strata plan.

The information in the Strata Titles Guide should not be regarded as legal advice and legal submissions in applications to SAT should be based on:

Applying to SAT

If you make an application to SAT, your application will not be accepted unless you pay the application fee and file the following documents (which are required under the Strata Titles Act 1985 and SAT's Practice Note 5).

Practice Note 5 also outlines SAT's practice and procedure in most proceedings under the Strata Titles Act 1985.

Required Documents:

1.

A certificate pursuant to s 77B of the Strata Titles Act 1985, which is available here.

This is a requirement under that section of the Strata Titles Act 1985 to give the Tribunal jurisdiction to deal with the application.

2.

A recent copy (search), not older than 10 days, of the whole of the relevant strata plan or survey-strata plan, which can be obtained from Landgate here.

This is to enable the Tribunal to ascertain the legal name of the strata company, the boundaries of the lots and common property and all current by-laws of the strata company (which is why it has to be a recent search).

3.

A copy of each notification of change of by-laws and any management statement which is registered on the strata plan or survey-strata plan (which are shown on the last page under ‘Schedule of Encumbrances, etc’ of the strata / survey-strata plan), which can be obtained from Landgate here. Each of these must be filed as a separate document.

This is to enable the Tribunal to have a copy of all the current by-laws of the strata company. If there are not any notifications of changes of by-laws or a management plan shown on the strata / survey-strata plan then the by-laws of the strata company will be those set out in Schedules 1 and 2 of the Strata Titles Act 1985.

4.

If the applicant is an owner, a recent copy (search), not older than 10 days, of the certificate of title for the lot on the strata / survey-strata plan of which the applicant is the registered proprietor (owner), which can be obtained from Landgate here.

This is to enable the Tribunal to check that the applicant is a current owner (which is why it has to be a recent search) and is correctly named in the proceeding and that the applicant’s lot is correctly identified.

5.

If the applicant is a strata company, a copy of either the minutes of a meeting of the council of the strata company or the minutes of a general meeting of the strata company which record the passing of a resolution to make the application, with the specific item in the minutes which records the resolution identified.

This is to enable the Tribunal to be satisfied that the application has been properly authorised by the strata company.

Click here to start an application.

 


Last updated: 13-Aug-2019

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