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WA Strata Titles Act - Process of Collection?

Discussion in 'Property Law Forum' started by Gilly Bobs, 14 August 2014.

  1. Gilly Bobs

    Gilly Bobs Member

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    Hello! Thank you for your time in advance. I live in a Strata with only 5 Units. We come under Strata Titles Act 1985 I think. Please can you tell me where, under the act it shows what can be done about unpaid
    Strata Fees? What the process is to collect? We are self managed.
     
  2. Gilly Bobs

    Gilly Bobs Member

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    Hello again,

    Where can I find in the Strata Title Act the regulations for someone running a business from a Strata
    of 5 Units?

    Does the person concerned need approval of the other 4 unit holders?

    It is legal to run a home business from a Strata Property?

    It would be a hairdresser/beauty type business.

    Thank you again
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Gilly,

    Are you trying to recover unpaid strata management fees on behalf of the management body or as a flat owner? If it is the latter, is management asking you to pay unpaid fees/shares of another flat owner and you are asking to seek indemnity?

    Whether or not trading of business is allowed on the property depends on both council approval and the agreement entered into between flat owners and strata management. If the agreement gives management power to consent to trading of business (where council approval has been obtained) then any flat owner should be able to object to this decision. In this case, I would suggest bringing this up with management, as there is usually an internal dispute resolution procedure for issues between owners and management. You may also lodge an objection to council for their approval of business trading in one of the flats. Try and speak to council about this, as in most cases, council may not be aware that there is a residential property being used for business purposes.
     
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  4. Gilly Bobs

    Gilly Bobs Member

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    Thank you Sarah J. We are a Self Managed Strata, we have a "voted in" Committee of Chairman, Secretary & Treasurer. As such there is no Manager, all decisions are made by agreement. Unfortunately one of the owners will not respond or speak to the other 4 owners. This is the one who has unpaid Strata Fees and is running the business from home. - Tricky.
    This person has has full "Management" reign up until now and it is only because we insisted that he showed us the figures that we got to know what was going on.
    It is all the other 4 owners who are trying to recover the unpaid fees, as we are all up to date. No other owner is being asked to pay any share of the unpaid fees. We just want them paid up to date. Not sure what you been by seeking indemnity?
    Thank you for your time with this unwanted problem...
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Gilly,

    In that case, you could file a claim for debt with the Magistrates' Court of Western Australia.

    Here is some information that may be able to assist you:
    - Self managed strata FAQ
    - ARAMA - you can try contacting them with your enquiries

    In relation to the home business, if you write up an objection letter, with reasons, and signed by the other owners, you can refer this to your local council and they should be able to assist you. As mentioned above, running a home business may require council approval in some cases, and council will be seeking any neighbour objections.
     
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  6. Gilly Bobs

    Gilly Bobs Member

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    Thanks again Sarah J, seems I will have a bit more preparation to do.... Really appreciate your time.. Cheers Gilly Bobs
     

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