Self-Managed Strata in WA: Council Duties Under the Strata Titles Act

The short answer

• No paid manager is needed. By default the council exercises the strata company's powers, subject to directions from a general meeting (Schedule 1, governance by-law 4).
• The council must appoint a chair, secretary and treasurer at its first meeting after the AGM. One person can hold more than one office (by-law 6).
• Council members owe legal duties. They must act honestly, with loyalty and in good faith, and with reasonable care and diligence. They must declare conflicts of interest in writing and not vote on them (s 137).
• Schemes of 10 or more lots need a reserve fund and a 10-year plan, revised at least every 5 years (s 100).
• An owner can be a volunteer strata manager, unpaid apart from an honorarium of up to $250 a year per lot, without the qualifications paid managers need (s 3, s 144; reg 11).

The council

The secretary keeps minutes, gives notices, calls meetings and handles correspondence (by-law 9). The treasurer sends levy notices, banks money, prepares the certificates buyers ask for and keeps the accounting records (by-law 10).

A council member can call a council meeting by giving at least 7 days' notice with the reason. The council must keep minutes and records of its decisions (s 104).

What the council can't decide alone

• Directions from owners. Owners can restrict or direct the council by ordinary resolution (s 135).
• Fund amounts and levies are set by the owners, unless the by-laws give the council that power (s 100).
• The budget is approved at the AGM by ordinary resolution (s 102).
• The common seal. Using it, and authorising who signs documents, needs an ordinary resolution (s 118).
• Decisions that need a special, without-dissent or unanimous resolution, such as changing by-laws or leasing common property, belong to the owners (s 44, s 93).
• Some things no one can do. The strata company itself can't mortgage common property or act as a guarantor (s 117).

Small schemes

• 2 lots. The strata company doesn't have to keep an administrative fund, accounts, minutes, a letterbox or a roll, unless its by-laws require them. It doesn't have to hold an AGM (s 127, s 140).
• 3 to 5 lots. The by-laws can exempt the strata company from those same functions. The State Administrative Tribunal can still order them on a member's application (s 140).
• 2 or 3 lots. Every owner is on the council (by-law 4).

Money

• Administrative fund. Required. Levies are shared by unit entitlement unless the by-laws say otherwise (s 100).
• Reserve fund. Required for schemes of 10 or more lots, or with a building replacement cost over $5 million. Optional for others (s 100; reg 79).
• 10-year plan. Those same schemes need a 10-year plan, revised at least once every 5 years (s 100; reg 77).
• Interest on late levies. Simple interest at 11% a year applies unless the strata company sets a lower rate or none (s 100; reg 78). Unpaid levies are recovered as a debt in court, not at the Tribunal (s 197).
• Accounts. Keep proper accounting records and prepare a statement of accounts each financial year. The accounts are considered at every AGM (s 101, s 127).
• Audit. Optional. The strata company may arrange one (s 116).

Meetings

• AGM. Once in each 12-month period, and no more than 15 months after the last one. The AGM must elect the council, consider the accounts and table the insurance certificates (s 127).
• Notice. At least 14 days, listing how owners can vote. Any owner can put an item on the agenda by writing to a council member (s 129).
• Quorum. People entitled to vote for 50% of the lots, counting proxies. If there's no quorum after 30 minutes, those present are taken to be a quorum, except in 2-lot schemes (s 130).
• Extraordinary general meetings. The council must call one if owners holding at least 25% of unit entitlements ask. If it doesn't act within 21 days, those owners can call it themselves (s 128).
• Proxies. In writing. A proxy doesn't have to be an owner (s 124).
• Remote attendance. By phone, video or online, subject to the by-laws (s 131).

Records

• Keep minutes, accounts, notices, correspondence and most contracts for 7 years. Special, without-dissent and unanimous resolutions and insurance contracts are kept for 20 years (s 104; reg 83). Records can be electronic.
• Keep a roll, a letterbox and an electronic contact method (s 104, s 105).
• Inspection. Owners, buyers, mortgagees and others with a proper interest can inspect records within 10 days, between 9 am and 5 pm. The maximum fee for an owner is $1, and photographing records is free (s 107, s 109; reg 86).

Insurance

• Buildings. Insured to replacement value against fire, storm and tempest, lightning, explosion and earthquake (s 97).
• Public liability. At least $10 million (s 97).
• If the strata company doesn't insure, a member can insure in its name and recover the cost (s 99).

The Act doesn't set how often to get a valuation. Regular valuations are still good practice.

Volunteer strata managers

A volunteer strata manager is an owner in the scheme who does the work personally and receives no more than an honorarium of up to $250 a year per lot (s 3; reg 11). Compared with a paid manager, a volunteer:

• Needs a written agreement with the strata company (s 144)
• Doesn't need professional indemnity insurance or formal qualifications (s 144)
• Must have the strata company's money paid into the strata company's own bank account (s 148)
• Must table a national police check at a strata company or council meeting at least every 3 years (reg 94)
• Is protected from civil liability for acts in good faith (s 155)

Paid strata managers must hold professional indemnity insurance of at least $1 million, use a trust account or the strata company's account, and lodge an annual return (s 146, s 148; reg 98, reg 102). Qualification requirements for paid managers are being phased in from late 2027.

Disputes

• The Tribunal. The State Administrative Tribunal hears scheme disputes, including disputes about council decisions, elections and strata managers (s 197). It can make declarations and orders, including an order to call a meeting (s 199, s 200).
• Try to settle it first. There's no compulsory step first, but the Tribunal can dismiss a matter the parties could reasonably have resolved themselves (s 198).
• Landgate's suggested order. Talk to the other party, raise it with the council, try mediation, then apply to the Tribunal.

Your first year as a self-managed council

• Elect the council at the AGM, then appoint the chair, secretary and treasurer at the first council meeting
• Check the governance by-laws for any changes to the default council rules
• Open or confirm a bank account in the strata company's name
• Get the roll, minutes, accounts, insurance and contracts from the outgoing manager
• Confirm the building insurance and public liability cover, and diarise the renewal
• If you have 10 or more lots, check the reserve fund and the date the 10-year plan is next due for revision
• Prepare the budget and statement of accounts for the next AGM
• Set up the letterbox and electronic contact method

Where UnitBuddy fits

A self-managed council needs its minutes, levies, insurance, contracts and decisions in one place it owns, so the next council doesn't start from scratch. UnitBuddy keeps that record for the building, sends notices with read receipts, and exports everything as CSV, JSON or PDF whenever you want.

Further reading

Keep the scheme file in one place the committee and the manager can both open. Features, pricing, or book a tour.