I manage strata
All strata properties registered as Strata Titles at Landgate are subject to the Strata Titles Act 1985 (the Act) and will all be subject to changes brought about by the Strata Titles Amendment Bill that is proceeding through Parliament.
How the strata changes affect you
The current Act does not refer to strata managers. This can limit the support you have available to you to navigate those grey areas when dealing with your strata company and the strata council of that strata company.
In the new legislation, a strata manager’s role will be added, to help make your job clearer by guiding you on your duties and responsibilities. The reforms will also note some differences in expected duties and qualifications between a paid strata manager and a volunteer strata manager, as both should be supported in these roles.
The reforms will introduce a comprehensive set of statutory duties for the strata manager role, allowing you to do your job better. These duties include that, you as a strata manager, must:
- act honestly and in good faith to the strata company
- exercise a reasonable degree of skill, care and diligence
- not make improper use of information acquired as strata manager for a strata company to gain an advantage for yourself or someone else, or cause a detriment to the strata company
- not make improper use of the position of strata manager to gain an advantage for yourself or someone else, or cause a detriment to the strata company
- hold minimum education requirements as set out in the Regulations
- have a good working knowledge of the legislation relevant to managing a strata scheme or Community Titles scheme
- have a written contract with the strata company (or volunteer agreement for volunteer managers)
- be able to account separately for money that you pay or receive on behalf of the strata company
- have professional indemnity insurance.
The new legislation will also define how a strata manager should interact with other parties such as the auditor appointed by the strata company.
Having a strata manager does not remove the need for a strata council. Rather, it may increase the need for one, to ensure the strata manager is effectively instructed and monitored.
Benefits to strata managers
Expectations of your role can be difficult to convey when the current Act does not have these clearly defined. Including responsibilities and duties into the new legislation will mean that you, as a strata manager, have clarity, and so does your strata company and strata council. If they have clarity as well, it will improve your interactions by making them clearer and more productive.
The new legislation will also cover topics such as the Annual General Meeting, helping guide you through expectations from voting to record keeping. Introducing a simplified dispute resolution process will assist you to resolve disagreements and direct people to the Tribunal when appropriate.
Will we be required to be licensed?
There are no changes in the new legislation that will require a Strata Manager to be licensed. Strata managers will be asked to lodge a periodic return at Landgate containing aggregated information about strata schemes managed. This will enable Landgate to gather information to develop policy and advise the Minister on matters related to strata managers.
For more information
Find out more about the proposed changes on the All about the reforms page.
This information has been prepared for the purposes of informing stakeholders and the community on the nature and scope of the proposed reforms to the legislation relating to strata title. Every effort has been made to ensure the information presented is accurate at the time of publication. Because this information avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advice or reference to the actual or proposed legislation. The contents should not be relied on as a guide for current or future legislation relating to strata title or community title in Western Australia or in relation to current or future subdivision or development proposals, commercial transactions or dealings in strata title.