Council Members, have you ever wondered where the buck stops when things go wrong in your strata scheme?
Section 91 of the Strata Titles Act (WA) is clear that the strata scheme (all owners) must control and manage the common property for the benefit of all owners, and it cannot avoid that obligation.
As decision-makers for the strata scheme, the Council of Owners (COO) are responsible for ensuring the repairs and maintenance for the common areas are carried out as required and when items are reported. The COO cannot say “we don’t have the money right now, we will get quotes for a later date, or we don’t think it’s necessary”. If repairs need to be done, they should be actioned.
For example, uneven brick paving if not repaired in a timely manner may cause trip hazards and can result in an injury claim against the strata insurance. In addition, the COO members may be personally liable if they have not acted in good faith.
It is important to seek guidance from an experienced Strata Manager who can help in minimising risk. Failure to action these incidents can prove costly, create tension amongst neighbours and create a lack of trust between owners and COO.
Having confidence in your Strata Manager is paramount to a smooth-running strata scheme. They will help you to review that the budget set is adequate to repair and maintain the property, and factor in a contingency to address items not budgeted for.
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